On The Choice Of Criminal Policy Of Punishing Bribery Crime

The crime of bribery infringes the honesty and un-purchasing of duty behavior. It is detested by civilians all along. Even though our country treats the punishment of bribery seriously, the effect is not so ideally. The crime of bribery not only has not been kept down fundamentally, but also become more and more. What is the reason of the questions above? The author takes the most straightforward reason for the imperfection of our regulations of criminal law in substantive law and procedural law. However, the internal reason for the commit of bribery is the deficiency and dislocation of the criminal policy of briberies’punishment and our high expectation for the function of criminal law. Firstly, this article will demonstrate the relationship between criminal policy and criminal law. There will be an introduction of the present situation of the bribery punishment. Then the reason of the exploding of bribery in China will be analyzed in different aspects of legislation, judiciary and criminal policy. By means of the law-economics analytical method of cost-income, the current criminal policy for the punishment of bribery will be analyzed, self-criticized and restructured. Last but not least, after rationally treatment of the limited effect of criminal law in punishment of bribery, a specific assumption of establishing the criminal policy of’strict rather than severe’in punishing the crime of bribery will put forward based on the optimized of the penalty effect. Moreover, there are eight points of criminal legislation and judicial suggestions will be illustrated in terms of changing the current situation of bribery punishment in China fundamentally and making the fight of anti-corruption step into the right track of legalization more quickly.