On Accepting Bribes Legislation And Perfect

Experiencing successive legislative evolution , our country's present bribery charge has governed four kinds of behaviour : Demanding bribes illegally , receiving the bribe to seek the benefit for other people , violating the country's stipulations and receiving each kind of nominal sales commission , handling charges to line his pockets and accepting bribes by means of mediation bribe . In addition the judicial interpretation has the stipulation of accepting bribes afterwards . The article mainly carries on the discrimination to the content of the criminal law 385th . By comparing the ancient and modern, the Chinese and foreign bribery legislation conditions , the author attempts to inquire into the consummation of the bribery legislation and explores reconstruction design from the eagle of the obligation of legislation.First , by way of comparison ,the article introduces the vissitudes and development of bribery legislation in the ancient and modern , the Chinese and foreign criminal laws so as to summarize the insufficiency of our country's present bribery legislation . Then , taking the bribery law as the research object , the paper makes simple discrimination to the essential for bribery and revision of them , the discovering the crux which is continuity explored and debated in the criminal law theoretical world and judicial business circles . On this basis ,the author propose the consummation and reconstruction to the present bribery legislation by drawing on the experiences of other nations and the district bribery legislation . According to the basic principles of the criminal law, the author makes a obligatory democratization of the controversial items in the present bribery legislation and proposes his preliminary legislation tentative plan from the standpoints of satisfy the demand of attacking corrupt crime , relocating the structure and function of the criminal law, taking into account the humanistic concern as well as fulfilling the related duties required by the international convention after our country's entry into "the United Nations Counter corruption Joint Pledge". First the author tries to expound the feasibility, and rationality of canceling the portion conditions for bribery "seeking the benefit for other people" in the aspects of the present citation of the crime , the value the criminal law should possess the development of viewpoints . In the academic circles, the realistic head of judicial practice and the essence ofbribery .Second ,by means of enumeration ,the author collates and stipulation the main scope of bribery so as to enforce it rigorously . In the meantime, he explores the capacity of the arbitrator and the referee and propose the relocation of the main body of bribery to define the special duty of the suspect. Third , taking into consideration for national conditions , the paper determines "the property benefit" falls into belongings and removes "the non - property benefit" from the content of bribery . fourth, the author suggests the reconstruction of bribery penalty and the stipulation of the crime nature and the kinds of punishment in the legislation as well as the determination of the standard of "the plot" and "the amount" by the judicial interpretation . Independent legal punishment should be established and the amount restriction should be removed. The rigid limit to the dealt penalty is suitable. Make the explicit stipulation of the conditions of its application. According to the characteristic of bribery, the author proposes adding "the fine penalty" and "the qualifications penalty" and imposing such specific punishments as security punishment on the bribe as far as bribes are concerned ,thus solving the problem of to heavy penalty discretion for bribery .Eventually, the article attempts to draw up laws to determine declaration of the guilt and the discretion of punishment from the angle of the legislation and the judicial interpretation.