The Improvement Of Bribery Criminal Legislation In China

Crime of bribery is the main form of the corruption crime, and it is the severe form of the crime settled by the current Criminal Law in China. After the foundation of the People's Republic of China, from the proclamation of Rules on Punish Corruption of the People's Republic of China has proclaimed by central government in 1952, to the enforce of the Criminal Law in 1979, the revise of the Criminal Law in 1997, and the passing through of a series of single Criminal Statutes by the Standing Committee of the People's Representative Congress, The legal system against bribery crime have been perfected in China progressively.With the speeding up and the integration of the world economy, the bribery crime has spread to the whole world. It is a common point that bribery crime should be punished by the whole country. The United Nations Convention against Corruption (following called Convention) is known the first legal document of the UN processing, and it is the most completely, all-round, widely and newly legal document for guidance of the international against corruption crime.The Convention formulated the corruption firstly. The Convention formulated the Bribery national public officials and Bribery foreign public officials and officials of Public international organizations in Chapter III Article 15 and Article 16. It also formulated Trading in influence in Article 18, Bribery in the Private sector in Article 21 and Liability of legal persons in Article 26. China is one of the signature states. According to the registration of the bribery crime, the Convention and the Current Criminal Law of China have both some common and different character. Undoubtedly, the Convention is a challenge to the current Criminal Law . We should respond actively and effectively to the Convention.The difference between them is mainly embodied in the criminal subject. The Convention not only stipulated the bribery of national public officials, but also the bribery of foreign public officials and official of public international organizations. The current Criminal Law only stipulated the bribery crime of the state staff.As to the range of bribery, the Convention stipulated "of an undue advantage", ours is "property". It's connotation is small than the "of an undue advantage". As "fitting houses, provide labor, transfer jobs" and so on, it can not be considered the "property". It also has aroused disputes among the scholars theoretically.The component condition is also differently from the Convention. Example Article 15: The solicitation or acceptance by a public official directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from action in the exercise of his or her official duties. The current Criminal Law limited the conditions in bribery crime, such as "acceptance others property, in order to seek the benefits for others", "in order to seek the illegal benefits".Besides, the Convention also stipulated the Trading in influence. The subject is widely than the current Criminal Law in Article 388. It concludes public officials and any other persons.Therefore, for preventing and punishing the bribery crime, for the need of the administration of justice, for the adaptation to the international society, strengthening the cooperation against corruption with the whole world fulfillment of obligation upon Convention, we have to modify the legislation refer to the Convention: enlarge the subject of the bribery crime, be generally named "public officials"; augment bribery of foreign public officials and official of public international organizations; enlarge "property" range; cancel the term "to seek the benefits for others" in state staff acceptance bribe; cancel the term "in order to seek the illegal benefits"; modify the current Criminal law in Article 388; augment the Trading in influence.