General Theory Of Bribery And Legislative System Of Research,

From the angle of the analysis on the history and basis of bribery crimes , as a sort of historical phenomena, this kind of crimes have not been stopped since they emerged in the world actually because of the existence of their economic , political and cultural basis. Looked back from their historical conditons and prospected their changes and progress made in the future, bribery guilts are , to speak objectively , difficult to be changed essentially in basic reasons of their basis discussed above in a very long period can be foreseen .Therefore good modus practicable is to actually buck for many measures of comprehensively managing treatment and try every endeaver to make these bribery guilts acceptable in peoples'mind .As far as current criminal legislative tasks are concerned , for the sake of effectively striking the behavior of bribery crimes , we must consider the feasibility and necessity of modifying the criminal law. For one thing , from the present situation of criminal legislation , there are some quintessence worthy of drawing in the international pacts, foreign criminal law and the criminal law of Hongkong , Macao and Taiwan , just like the proverb says"By others' fanlt, wise men correct their own ". For another thing , from the future developemont of criminal legislation ,the spirit of criminal policy and the demands of the efficacy of criminal law aslo determine that the prefection of criminal law are inevitable to moderately enlarge the tidal currency of the bribery crimes circle. .So , the overall blue print of perfecting legislation is that we should modify the old crimes and set up the new crimes by way of criminal law amendments . That is to say ,on the one hand , there are two methods for modification of the bribery crimes have been established. The first one is that we should amend the content of the bribery crimes and widen its scope of crimes constitution, which we ought to chiefly modify the basical elements of crime, such as its subjective aim , the manner of action , and so on . The second method is that we should reduce the penalty intension of bribery crimes and keep the moderate necessity of penalty, mainly through the modification of the penal sorts , extent, and so on . On the other hand , as to the bribery crimes which are not ordained at present , we ought to refer to the experience of the bribery crimes legislation in the foreign countries, such as France , America and Japan , and consult to the relational regulation of "United Nations Convention against Corruption" , so that we can set up two new bribery crimes that bribery to the persons who is powerful enough to influence the business and bribery to the officials of foreign public profession or international public organization.