Study On Preventive Measures About Bribery Crime

Bribery crime means such a action as national working persons ask for or illegally receive other's property and material for realizing other's interests. The criminal object of bribery crime is that bribery crime overpasses the causes against corruption. The objective aspects of bribery crime are the use of the position convenience ,asking for or illegal receive of other's property or material and realization of other's interests. The subject of bribery crime is special. That's to say, the subject must be national working persons, otherwise he can only be the common subject in bribery crime. The subjective aspect of bribery crime is direct intend。All these requirements distinguish bribery crime from the crime of corruption and other crimes.With the further development of the Reform and Open Policy, the original value has changed during the transitional period. The regulation systems are not good when the old system is overturned and the new one is not well established. Under these backgrounds, the situation of bribery crime is more serious. At present, the characteristics of bribery crime can be described as following. As to the subject of bribery crime, there are different ages of the subjects and the subject with higher position tends to be increasing. As to the actions, the bribery action accommodates sexual trade. The forms of bribery are becoming more secluded and the measures are becoming slier to discover. As to the fields, numbers of the bribery crime happened in the such fields as finance,architecture,transportation are always high. The fields of education and medical treatment become the new ones and the situation is very serious. In addition, in political and judicial fields, the number of bribery crime is increasing while there is few before. It is unbelievable that the sum of bribing property and material is becoming bigger and bigger and the sum above ten million RMB is an increasing tendency.When we find the root of the uncommon phenomenon of bribery crime, we will find there are many reasons that contribute to the bribery crime. But the major reasons can be generalize as four aspects. The first is that the reform of political system is not satisfactory and the unsatisfactory political system makes the distribution and enforcement of power unscientific, and makes the personnel system unreasonable and clear. The second is that the economic law does not guarantee a fair competition effluent and fair guaranteed by economic law. The third is that the relative regulations lag, there are such defaults in the regulations. The regulations against corruption especially the assets declaration are not perfect. The regulations about the citizen offence reporting are not perfect and the supervision regulations emphasize the post supervision and so on.In order to prevent of bribery crime effectively, we must reform our political system progressively to perfect the distribution and enforcement of power for the purpose to restrict power by power. We must perfect our personnel system and allocate the resources fairly by ideal economic law to promote fair competition. We must take measures to perfect the relative regulation about the prevention of bribery crime and we should learn from the good experiences in China history and other countries.