On The Legislation Perfection Of Bribery Crime

Bribe-taking not only violates the integrity and un-purchasing of the government personal obligations but also damages the image and credibility of the country.what’s more,this crime is one of the common challenges faced by countries around the world today,which has a strong destructive influence on economic and social development and become a a large tumor for the development of the society.After founding the New China,our country has always attached great importance to fighting the crime of bribery.The first criminal law of new China,the criminal law1979,which gave bribery clear rules,blew bribery crimes powerfully. After the 18th National Party Congress,the party and the government stepped up efforts to fight corruption and increased the anti-corruption to an unprecedented political height,so that a large number of bribery crimes,especially a batch of major cases got exposed and punished. However,many problems have been exposed with achieving great progress in the anti-corruption work,especially the imperfect legislation of bribery, which mak the criminal lawdo not give full play to the expected role.This is result from that our country is still in the primary stage of socialism, whose socialist legal system is not sound enough,and that our country’s current criminal law is made inl997which is inevitably out of date or has shortcomings which result from that our society has changed greatly due to the high speed development of the society. This paper will analyse the regulations and the existing problems of the bribery crime in our country and oand put forward some opinions to perfecting the legislation.This article is divided into three part on the system structure,besides introduction and conclusion parts:The first part focuses on combing and analysing the bribery legislation at home and abroad. This part is divided into three small part, which combines and analyses the current bribery regulation of China’s mainland and Taiwan respectively.The second part respectively combines and analyses the legislation on bribery crime of America which is on behalf of the common law system, Germany and Japan which are on behalf of the continental law system and the United Nations convention against corruption. Finally,summarizing the advantages of the legislation on bribery crime abroad and thinking about it with combining the reality of our country’s legislation.The second part analyzes the main problems of our country’s bribery regulation nowadays. Based on the present legislation in our country and compared with the bribery legislation outside of our country,it reveals some main shortcomings of our country’s bribery regulation,such as,scope of bribery subject regulation is not strict, bribery object is relatively narrow, bribery legal punishment has defects on the set, and deeply analyzes these problems.The third part is about the thinking of perfecting our country’s bribery legislation. On the basis of summarizing the overseas legislation experience and the international convention, it is combined with the concrete practice in our country to think and propose suggestions from three aspects:the expansion of incrimes of bribery, the extension of bribery object and the improvement of bribery legal sentence, to realizes the scientific rigorous bribery legislation in our country at last.