Research, The United Nations Convention Against Corruption And Bribery

The adoption of the "United Nations Convention against Corruption," and China's "Criminal Law" provisions on bribery comparative study, revise and improve the bribery of the ideas put forward 9 : First, expand the scope of bribery. In reviewing our criminal legislation on the scope of bribery history, criminal law academics comments academic perspective of the nature of bribery against bribery reality, the trend of foreign legislation and implement the "Convention" obligations, and the feasibility, the scope of bribery made to be used "interests". Second, the crime of bribery "to gain improper benefit" element. From the subjective element of punishment bribery base, changes in the social realities of life and the "Convention" in the provisions set out its reasons. Third on the "promise to give" and "offering" bribery punishable nature of such acts should be made "of sub-rule". Fourth, to recommend accepting bribes to the main expression of "national public officer" to better reflect the nature of the crime of accepting bribes to facilitate the operation of judicial practice. Fifth, in the analysis of the bribery "to seek interests for others" element is incompatible with the existence of bribery nature, is not conducive to crack down on bribery, easily lead to disputes and judicial practice theory puzzles, and contrary to common practice of foreign penal provisions and the "Convention", drawbacks, the proposed repeal of this element. 6 is proposed to establish the bribery of foreign public officials or officials of international public organizations. Discussed the need for the offence, the constituent elements of the crimes and the crime should be...