A Study On The Legislation Of Bribery Crime

As a typical duty crime, Bribery was get much attentions on the punishment of crime both ancient and modern times. Since the reform and opening up, with the continuous development of China’s social and economic progress, a variety problems of official corruption, not only caused great loss of national and people’s property, but also damaged the image of the party and the government, brought adverse effects to the normal social order. And with it, is the deletions and imperfect legal system. Bribery inadequacies in the legislation gradually exposed, although a large number of officials were punished, but there is still a lot of bribery because the subject of bribery was not certain, the means of bribery was subtle and can not be regulated, those making the crime rate of bribery has been high, a large number of corrupt officials aviod legal loopholes, harm national interests, there is too big issues such as sentencing part of the case while being investigated for legal responsibility, the social effects of the adjustment is not satisfactory criminal law, a serious impediment to the process of building the rule of law society. Learning from history, one can know the rise and fall, through the study the law of China’s Tang Dynasty,, I believe that the crime of bribery which has provisions on a clear, detailed, in terms of the social, high applicability, also achieved good results in practice. Stones from other hills may serve to polish jade, through the Japanese criminal law of bribery research, I found that the legislative aspects of its "crime system" is scientific, and both are different from our modern criminal law in many places. By analyzing comparative Tang law, Japanese criminal law and our modern provisions on against bribery, mainly from the subject of bribery uncertain, provisions in objective aspect of crime unreasonable and pointed out several aspects of unreasonable legislative office, and learn from Tang law, the Japanese criminal legislation in these areas, in order to improve our criminal legislation, solving problems in judicial practice, propose some recommendations.