Researches On Punishment Against Qualification Of Bribery Crime

Crime of bribery is a widespread phenomenon stroke by countries all over the world, whose essence lies in deal between power and money, which means the bribe taker uses power to change money, and the person who give bribe use a little interests to change the bigger. Bribery corrupts the honest official duties, hinders and twists the normal run of fair competitive system, also infringes public interests and ruins clear social tendency. Because of its great harm, bribery is paid more attention by international society for long time, so does our country, which is proved by governing the crime of commercial bribery since last year. In the 17th National People's Congress of CPC, Hu jin-tao pointed out resolute punishment and effect precaution of corruption relating to human heart's side and existing of CPC, is the important political task should be grasped by CPC all along. So how to develop the functions of existing sorts of punishment and control bribery effectively is a valuable topic to make researches.Punishment against qualification means general calling about punishment of deprivation or restriction of criminal's some qualification. Despite different names or from brutal to civilized in contents, ancient and modern, Chinese and foreign, all use the punishment against qualification to correct crimes. This article inspects the punishment against qualification in mainly countries in two genealogies of law, hopes to prompt the improvement of punishment against qualification of bribery crime in our country. Punishment against qualification provided in our present criminal law consists of deprivation of political rights and banishment, and the former is mainly used. This article from the deserved angle, analyses that punishment against qualification unifies retribution and precaution, punishment, warning and consolation, besides which it has strong focalization and treatment of bribery because of functions of special precaution, protecting for special departments' prestige and fitting for the trend of light punishment. Then the article from the actual angel, puts forward legislation and judiciary about punishment against qualification of bribery crime didn't bring their special functions into play, and had many defects such as not enough application for striking bribery, single sorts of punishment against qualification of bribery crime, rough contents of deprivation of political rights, too much punishment caused by summary deprivation and execution in punishment against qualification, lack of punishment against qualification of unit crime of bribery, which critically hindered punishment against qualification gave their special functions for punish bribery crime to play. In order to realize win-win that potential of punishment against qualification will burst out and crime of bribery will effectively governed, it is necessary trend actual state to deserved state and improve difficult situation of punishment against qualification applying for crime of bribery. But the way to such trend is widespread improvement of legislation, focalization judicial application and more attention paid to execute punishment against qualification, beginning with raising the recognition of the position of bribery punishment against qualification.