The Research On The Legal Penalty For Crime Of Corruption And Bribery

Corruption and bribery are big social problems which persecute every country all over the world .And they are extraordinary hated by all people . Developing with the anti-corruption work in China , The legislature and judicial authority must attach great importance to how to exert the punishing and preventing function of penalty ,and the proper application of the penalty to corruption and bribery .Currently , the existence of the many problems in the framework of legal penalty for corruption and bribery in our country has been weakening the attack on corruption and bribery crime .With an intention to solve these problems ,this article first studies the basic principles of the establishment of legal penalty ,including the concept of legal penalty ,the principles and means of its establishment .The writer think that the legal penalty is a penal criterion that a crime should be condemned in criminal law ,including the category of penalty and the extent of penalty .It is a criterion of condemning penalty by the court .I think ,definite ,balanced coordination and justice is the basic principle of legislation of legal penalty .Then discusses the summary of legal penalty for corruption and bribery in our country,states the feature of the legal penalty for corruption and bribery in China . With a broad consultation of the bribery penalty in other countries and regions, Based on these basic principles ,the article examines and analyzes the main problems existing in the establishment of legal penalty for corruption and bribery ,such as the lack of qualification penalty ,the waste of life penalty ,the deficiency of property penalty , the unscientific amount criterion of crime ,the unharmonious extent of penalty , the unscientific penalty of bribery and corruption.The article proposes some suggestions to perfect our legislation ,including intercalating fine penalty ,adjusting confiscate property penalty , perfecting the content of qualification penalty ,intercalating qualification penalty in corruption and bribery crime ,abolishing the qualification of exempting penalty and disposal mode of non-penal ,abolishing death penalty in due course ,regulating different legal penalty between corruption and bribery ,abolishing the regulation of amount of corruption and bribery , and amending the corruption and bribery crime as a crime of circumstances instead of a crime of amount.