The Perfection Of Bribery Criminal Legislation In China From The United Nations Convention Against Corruption

Bribery crime is an inevitable social phenomenon accompanied with the rule of country. Regardless of what kind of political system they are under, once the public power exists and the social resources are limited, there will be bribery. Effective prevention and punishment of bribery has paid close attention on by most countries. Against the background, the United Nations Convention Against Corruption was passed by the United Nations in 2003, which reflects the will and determination on fighting against bribery. In the same year, China joined this convention. For these reasons, research and learn of the convention is the best way to join the punishment of bribery in our country in line with international standards.In recent years, the legislation on the punishment of bribery in China has fallen behind the development of society, the law can't meet the need of punishment of bribery. Some controversial legislation not only catch the sight of theoretical circles, but also create differences and difficulties to judicial practice. For example, the scope of the subject of bribery is not clear, the regulation of bribery is too unitary, the provision about the amount of bribery whether to retain, etc. Meanwhile, there is lack of regulation of bribery which is suitable to foreign public and officials of public international organizations. Based on the angle of the Convention, compared the Convention with the current criminal law of the PRC and the analysis of the legislation on bribery brings up the thought of perfect the legislation.The thesis contains four parts. The first part is based on the analysis of the background and value of the Convention , and expound the regulation of bribery in the Convention. The second part contains a detailed analysis on the problem of the current criminal law of the PRC. The third part is based on the research on the first two parts, from the macroscopic view to research the legislation of bribery and interpret the advice to perfect it. Firstly, modify the subject of bribery crime and removal the objective of bribery crime. Secondly, perfect the way of act of bribery crime, and set the scope and amount of crime standard of bribery crime exactly. Thirdly, to reconsider the kinds of punishment of bribery crime how to establishment and the death penalty be repealed or retained. In the four part, specific provisions of the draft have been proposed for a revised and improved provisions of bribery crime, including amendments to existing provisions and add the crime of bribery of foreign public officials and officials of public international organization.There are still a lot of problems in the legislation of bribery nowadays in China, and they undoubted need to improve. Joining of the Convention is a bright signal to show that anti-corruption in China has entered a new stage. Therefore, learning of the Convention and reflecting on the problems of the legislation of bribery in China is very meaningful. It can perfect the legislative provisions of bribery and speed up the legislative process of China's Criminal Law, has a strong theoretical depth and practical significance.