Research On The Crime Of New Type Bribery

The new type bribery is a form of bribery derived from normal briberies. Regardless of the difference in the forms, means and methods of conducting a bribery crime, the essence is identical. New type bribery shall be criminally regulated (or criminalized), which will involve quite several legal concerns, e.g., the legal basis of criminalization, criminal liabilities, and the principle of "Punishment fits the crime", etc., among which, the legal basis of criminalization is the primary problem that needs in-depth research and urgent solutions among the array of problems involved in bribery criminalization.In essence, new type bribery can be interpreted as "bribery that evades from the law currently in force" that features evident evasion and marginality (i.e., bordering upon the ambiguous boundary of crime and non-crime), which is expectant on corruptive criminal explanations and jurisdictions. The available regulations in force on the crime of bribery are obviously lagging behind the modern criminal development and always fail to punish the crimes in various forms properly and efficiently; moreover, the promulgation of "Comments on Several Problems regarding the Applicable Law to Handling the Crime of Bribery" is apparently too hasty and transitional with considerable defects; therefore, the criminal law of China demands imminent improvements.