Legislative Defects And Perfection Of Bribery Crime In China

Bribery crime refers to the state personnel who take advantage of their office, for other people’s property, or illegally accepts others property, for the benefit of others behavior.The influence of different periods of national background, social environment and economic system and other factors, the regulation of the bribery crime in change. On the crime of bribery legislation in China since the beginning of 1979, has undergone a process from perceptual to rational historical evolution process. The provisions of the criminal law for taking bribes now has more reasonable, more complete. But with the development of social economy, the legislation of bribery crime appeared some new problems. This article from the basic theory of the crime of accepting bribes by starting, the relevant provisions on the crime of bribery investigation of Hong Kong and Macao and abroad, using a combination of theory and practice analysis of the existing problems in the legislation of the bribery crime and put forward the corresponding suggestion. The full text is divided into four parts.The first part is our country on the crime of bribery legislation evolution and the characteristics of constitution.The second part lists the existing problems in the legislation of Bribery: "seeking the interests for others" as improper elements; non property interests are not included in the scope of bribery; bribery amount as conviction and sentencing to the main standard defects.The third part of our bribery provisions of the legislation requirements, the contents of such bribery,conviction and sentencing standards with foreign laws, regulations and reference for comparative analysis.Part IV presents perfect flawed responses: Cancel "for others to profit," the constituent elements; the non-inclusion of property bribery Criminal penalties range; establish hazard-based, supplemented by the conviction and sentencing of the amount of the new standards, the addition of individual criminal fine.