Research On Some Problems Of Bribery

In recent years, bribery cases appear one after another, which has ruined the Party's work style and social atmosphere, and has seriously affected the socio-economic order. Therefore, the study on the crime of bribery is extremely necessary. However, according to the current study, many theoretical and practical issues of the bribery of are still different: for example, the defining national staff's scope, the understanding of "make profits for others" and the research on penalty for accepting bribes etc. This paper attempts to study the several problems of bribery and put forward to my views in order to bring benefit in judicial practice, this article is divided into four parts:1) China's legislation status of bribery. I firstly give a general investigation on starting points of research on bribery crime. After researching on the classification of bribery crime, I definitely point out the extent of bribery crime covered by criminal law. After a historical and update review on bribery crime and corruption, I clarify relations between them, and then, probe into the elements of bribry crime. China has accumulated a series of experiences in the fight against corruption, and fixed these experiences to formulate a series of laws and regulations. Secondly, I give a definition to bribery crime. The bribery legislation has experienced a continuous improvement process, this part is divided into the legislative situation of bribery before the Criminal Code in 1997 and the current legislative status of the crime of bribery. Meanwhile I expoud several main methods used in the reseach. The existing criminal law mainly has four changes: firstly, subject of bribery crime is resumed back as article 185 in criminal law (1979), subject of bribery crime is limited to national staff, bribery of company personnel provision acusation and legel punishment independently, that is article 163; sencondly, the existing criminal law delete the provision of the aspects of accomplice in bribery crime and graft; Thirdly, sentencing is partly different. The existing criminal law make the amount of standard in each sentencing grade the same as corruption according to the practical situation, and they both enhance, reserve death penalty; forthly, the existing criminal law increase mediation bribery, and there is no similar provision before.2) The study on related issues of "national staff ". I firstly analyze the general theory on subject of bribery crime, then I identify the"national staff". The standard of national staff's scope is neither "official theory", nor "identity theory", but the 93 requirement of the Criminal Code. It studies difficult problems of "national institutions engaged in official business" and "quasi-national staff", makes the distinction between "public service" and "services". On the issue if the retirees of the national staff constitute the main issue of bribery, the existing laws and regulations identify several cases of retired national staff taking bribes.3) The understanding of "make profits for others". On this issue, there exist two kinds of theories of "definitive theory" and "negative theory". The author analyses the two theories on the basis of research, and think that "make profits for others" should be removed. The author explains his own reasons from the five aspects combined with theoretical practice. Firstly, this is not in accordance with the essence of bribery crime; secondly, It make judicial practice to be confusion easily; thirdly, it hasnot achieve the appropriate effect of criminal law fuction; forthly, the most countries in the world are don't make it as the elements of bribery crime.4) The discussion and proposals of bribery in China's Criminal Law. In China, there is no separate provision for bribery, and it only applies to the terms of corruption. Along with social development, it can not fully meet the needs of the fight against crime, the author has made legislative proposals of penalty for bribery on the basis of research of China's legislative defects of current penalties for bribery. Site the penalty provisions independently according to the essence of bribery crime; cacel the supreme death penalty in bribery crime, it could changed to life imprisonment; increase fine and qualification penalty appropriately in penalty of bribery crime; cancel the way of sentence decision which is according to the amount of bribery, it could take the way that compositely consider the amount of bribery, danger and social harm of perpetrator. I suggest to implete the"zero tolerance"criminal policy as a atandard in the registering of bribery crime.