Bribery Crimes Constitute A Comparative Study

In the process of globalization, corruption crime has shown a tendency of globalization with the increase of international communication. Among the various corruption crimes, bribery has a long history and incredible damage, which constitutes the main target of every government. This paper intends to command the development of bribery and relevant legislation, analyze the differences of the regulations between the Chinese criminal law and the United Nations Convention against Corruption and make some thoughts and suggestions for the perfection of our legislation on bribery, through the comparison of criminal elements of bribery between the criminal law of China and the convention, and the introduction of the legislation of other regional anti-corruption treaties and the some countries. This paper is divided into 3 chapters and 9 parts.The first chapter focuses on the evolvement of the conception of corruption and bribery, and the history of bribery and bribery-related legislation.The second chapter is based on the article 15 of the United Nations Convention against Corruption and the article 385, article 389 of Chinese criminal law, and makes comparison of the basic elements of bribery, including the subjective of bribery and necessity of the element-benefiting others, the scope of bribe and the pattern of bribery, the necessity of the amount of bribery, which are hot issues of internal scholars. Through these comparisons, I come up with several opinions including enlarging the subjective as public employees and dismissing the aim of bribery of benefiting others, enlarging the scope of bribery and dismiss the amount.The third chapter makes further comparison between the stipulations the convention and the criminal law of China on some notions, including bribing the officials of foreign government and international organizations, trading in influence and bribery in private sector. This chapter suggests that China add the stipulations on bribing officials of foreign governments and international organization, consummate bribery-related regulations and dismissing the crime of introducing bribery, further define the subjective of article 163 and article 164 of criminal law and confine the area of the occurrences of the bribery of non-governmental officials.Consummate legislation is the precondition of attacking crime. Through the comparison of the United Nations Convention against Corruption and other treaties and legislations, we can find the deficiencies of the current anti-bribery legislation and make it perfect, which corresponds to the international legislation tendency and the duty as a signing country of the United Nations Convention against Corruption, not to mention the effect of weaving a tight net and attacking crime effectively.