On The Legislation Perfection Of Bribery Crime

Under the background of the large request that punishing corruption,More efforts to punish bribery crime is becoming importantly and inevitably, "the punishment of bribing is lighter than that of accepting the bribe" leads to the ineffective combat of bribe crime by judicial organizations.The criminal policies concerning bribe crime are also blurring,even contradictory and legislation is not perfect.For these reasons in a large number of people who did not bear criminal responsibility. The eighteenth national congress of the communist party of China held later, China’s anti-corruption efforts are unprecedented, the judiciary gradually increase the bribery crime crackdown. The author, based on the report of the Supreme Court and the supreme law of the calendar year data and related scholars come to the data, can clearly see the bribery crime in China was sentenced to punished number of cases and the number of personnel are far less than the crime of bribery, a large bribe is exempt from punishment, slowing the pardon application rate is also very high, showing the current China crackdown on crime of bribery is far from enough.For bribery crime crackdown is insufficient in current situation,From the bribery crime legislation the author find out some of the reasons, and puts forward some suggestions to perfect the crime of bribery legislation. These suggestions relates to the bribery crime related issues and learn from some foreign legislative and "United Nations Convention against Corruption".In order to research the legislation perfection of bribery crime,these research methods are used such as law interpretation method, the value analysis method, comparative study method, data analysis method. Through these research methods, the author found out that our country’s bribery crime punishment still exist many problems both in the legislative and judicial field. The defect of legislation of bribery crime still exist, the constitution of the crime of offering bribes defects,such as "unfair interests" existence is reasonable, "property" need to be widened; penalty structure defects, such as qualification penalty is missing, the amount of the fine is not clear, especially lenient terms too "forgiveness"; Criminal law and other laws and regulations convergence is not close enough.Based on the research, the author put forward some legislative suggestions, mainly to perfect the instruction of the bribery crime,such as the abolition of "legitimate interests" elements, expanding the scope of "property"; perfecting the bribery crime penalty structure, such as adding qualification penalty, improve the amount of the fine retention and improve lenient terms; criminal law and related laws and regulations perfect. In order to effectively discusses the author’s point of view, this paper mainly into five parts, the first part introduce our country bribery legislation and judicial status of a brief overview. The second part is a brief analysis of the reason of the need to increase efforts to crack down on bribery crime. The third part discusses the legislation of bribery crime in our country, respectively from the constitution of crime, penalty structure, special lenient terms and the connection between criminal law and other laws.In the fourth part, the author puts forward the author’s suggestions on the shortcomings and defects of the legislation of bribery. The fifth part is the conclusion, the author makes a brief summary.