Reflection, Review And Advice Of Criminal Policy Of Corruption Crime: Perfecting Criminal Law Of China Is The Start And End-result

In recent years, Chinese government takes much severer measurement for the punishment towards crime of corruption, which, to some extent, shares some similarities with"stern measurement for officials"in ancient China. But from the perspective of law, the basis and effectiveness of"sternness"is worth being considered. It is significant for criminal law researcher to study on them and make contribution to controlling crime of corruption in the view of perfecting criminal law.To be more specific, if we consider corruption as a serious social problem, the punishment towards corruption will be considered either serious or mild according to the office and subjectivity of the bribed official and seriousness of the corruption. Actually, neither to be stern nor to be mild can utterly solve corruption problem from the angle of final settlement. So we can not only emphasize stern punishment towards the bribed officials.This conclusion can be proved by comparing corruption situation from different aspects. In China, the government has very sterner punishment. However, Common Law and Continental Law Legal System pay more attention to proper property punishment, take milder"freedom punishment"and even do not take capital punishment. All practice proves that only stressing severe punishment towards corruption without a perfect prevention and supervision system often leads to the rampant spreading of corruption in social life. If we can establish punishment model, according to the characteristics of corruption, and if we focus on constructing prevention, supervision, recovery system, corruption can be effectively controlled and limited.With the current situation of legislation in China and learning successful experience from foreign countries, we can not only stress the severe punishment towards corruption, we should respect the tendency of legislation in the world, learn the perfect measurement for corruption from other countries---abolishing capital punishment and stressing qualification and property punishment towards bribed officers and establishing and taking the following system as soon as possible: system for prevention—registration system of private property; and introduce penalty to guarantee it. Only in this way can we achieve the final success against corruption.