Perfect Bribery Offence Legislation Reflections

Connecting the basical situation of China and with the new situation that the UN Anti-corruption Convention has been passed by agreement , the article discloses the nowaday law of our country on the bribery crime is not scientific and logical , even some away from the essentiality by analysis and provement .The deficiencies mostly include that the range of the subject of the bribery crime is narrow; that the expression about jobbery is vague ; that considering the bribery crime for the other's benefit as the necessary condition is reasonless ; that the form of the bribery action is simply regularized; that the range of the bribe is too narrow; that the traditional penalty system convicting and punishing the crimininal based on the number of bribe is not scientific .The article systematicly expresses amending suggestions to perfect our country's law on bribery crime, in order to make it more scientific and reasonable, and so as to be fit for the requirement of internationalization and modernization about the law.1 , The expression with "governman" instead of "country's working personnet"about the subject can widen the range of the subject ,and so as to be fit for the requirement of our country's fact and the UN Anti-corruption Convention.2, The expression with"authority"instead of "the convenience from the authority" can accurately definethe range of jobbery and avoid dispensable dispute in theory and practice.3, Cut off the provision of considering the bribery crime for the other's benefit" , which is neither scientific nor reasonable.4, The form of bribery action can be divided into three stages: requirement and expectant agreement and acceptance ,which can make the law more logical.5, The expression with "bribe" instead of "possessions" can widen the range of the bribe to all benefits including matter and no-matter,and embody the essentiality of the bribery crime truly and wholly, and protect the unexchangeable character of authority really .6, We shall destroy the traditional penalty systemconvicting and puishing the criminal based on the number of bribe. According to the demand of the essentiality of the bribery crime, we shall rebuild the penalty system of the bribery crime. We shall build up the penalty system surrounding the process, and add fine penalty and identifying penalty, and cut off the prosecuting rules from law to widen the range of the criminal penalty and keep back the bribery crime from the details, and prevent the bribery crime from extending.