Crime Of Corruption Is A Comparative Study

At present, China has already joined WTO, and just been placed in the transformation in which the socialism market economy system is established and perfected. Crime of corruption has been increasing instead of reducing. Crime regardless of functional tasks taking place in troops in recent years also have relation with crime of corruption. The situation of anti-corruption is very rigorous. Another important reason resulting in this highly crime is the defect and imperfection of the legislation and judicial interpretation about crime of corruption. Therefore, it is extremely important and urgent to make thorough research on the corruption crime and make the law of corruption crime complete.This assay is totally composed of six parts: the history origin and development of this offense, the subject, the object of corruption crime, the research of applicable scope to capital punishment, the study of how to recognize and punish the non-capacity criminal, and the law-making suggestion on the perfection of corruption crime.The first part of the paper is the history origin and development of this offense. It gives an introduction and analysis of the establishment and development of anti-corruption law in different periods, from ancient dynasties to the foundation of the PRC. The main point here is Law of Tang Dynasty, which boiled down nearly all the virtues of feudal legislation. This part also draws clear picture of its great significance to today's anti-corruption legislation.The second part is about research in subject of crimes of corruption. First it introduces the regulations from Germany, France, America, Japan, Korea, Hong Kong, Macao and Taiwan, etc, It also makes thecomparisons with subject of crimes of corruption from mainland.The third part is about the study of object of corruption crime. Firstly it introduces international anti-corruption law ,the regulations from Germany, France, America, Japan, Korea, Hong Kong, Macao and Taiwan and so on; then makes an analysis. Secondly the author advances whether some special objects, such as credit rights, the right to use house, can be the objects of corruption or not. The author also makes arguments on the punish measurements of the capital involved in the corruptive credit rights and the house using rights, and on the determination of accomplished or criminal attempt. Meanwhile, the author analyzes and proves that intangible property such as intellectual property, and land rights of use can be objects of corruption.The fourth part is the research of applicable scope to capital punishment. It explores unsatisfactory of the current penal code capital punishment, shows negative effect of capital punishment, and introduces the law-culture and current of abolishment of capital punishment in west in the view of the purpose of the penalty and match principle of legalized penalty. The author thinks it should abolish the capital punishment of corruption crime in main land law by the comparison with legislation in some countries and areas in Hong Kong and Taiwan.The fifth part is the research in whether crimes of corruption is crime or not and how to legalize. At first, it introduces the legislation about common crime and the body, and some different ideas about common crime and body in some countries and areas. Then it introduces the legislation in our country and judicial explanation and analyzes the different kinds of opinions in mainland in china. At last, it makes comparisons with and comments on them.The final part is the suggestions for perfecting legislation to thecorruption crime. They are as following: re-defining the subject of corruption crime, enlarging the object of corruption crime, abolishing capital punishment of corruption crime and non-capacity according to capacity to legalize and making different treatment in measurement of penalty.