Research On The Legislative Perfection Of Bribery Crime In Our Country

Abstract:Recent years, bribery is the main source of evil, the crime of bribery is harmful to the society greatly,the appearance and spread of bribe not only interrupts the usual competition of market econnomy, but also corrupts national staff and damage the image of national setup among the peopl.But at present no matter in theory of criminal law and judicial practice of the crime of bribery has focused on research and combat, not enough research on crime of offering bribes,The existing "Criminal Law" for the crime of offering bribes is also imperfect,there are different understangings of this crime,and many knotty problems.The author combines interpretation and judicial practice,try to explore our country bribe crime problems,and put forward some personal opinions, in order to perfect our country’s crime of bribery in the criminal justice, hope to improve criminal legislation.This paper includes five chapters:The first chapter is a generalization of the concept of bribery crime. Explains the concept and characteristics of the bribery crime, includes its lawmaking history and concept of it.To explain a problem,should first understand its basic situation,so i first description of bribery bribery legislative history, it is basis of this article.The second chapter is the subjective element should be eliminated in the seek illegitimate interests, includes three sections:The first section,to seek illegitimate interests were discussed.The second section,the current judicial interpretation " illegitimate benefits" confusion. Through the above analysis,put forward to cancel to seek the improper benefit subjective basis and legislative proposals.This element is provided,and will seek for improper benefits as sentencing circumstances, Hope to use simple rules to avoid complex.The third chapter is perfect for bribery legislation discussed, includes four sections:The first section, I suggest that The author through to the bribery bribe scope of historical evolution, theoretical disputes and relevant domestic and foreign bribery legislation comparison, Point out our country bribe scope restriction defects.The second section, the suggestion is to enlarge the scope of bribery content.The definition of poverty should be enlarged to poverty,monetary benefit and un-monetary benefit.The fourth chapter is bribery should be increased first aspect of the objective behavior, The bribery behavior research on domestic and foreign comparison, point out at present our country bribery behavior problems in defining. Then, the extended bribery behavior of the legislative proposals,Mainly elaborated the increase "request"and"promise"bribery behavior and "emotional investment" bribery be imperative.The fifth chapter is perfect criminal responsibility bribery, First of all, the author of China’s bribery crime penalty provisions exist in defects are discussed. Now in the bribery bribery under the regulation of weight, in order to crack down on crime and corruption of effective keep within limits,we are necessary in the penalty of bribery crime made perfect.that criminal penalties should be increased species,and qualifications of Criminal Penalty. Hitting crime of bribery, corruption containment.In this paper,the author analyzes the basis of bribery, Through to the present our country bribe crime problem in,Pointed out that the current bribery legislation in the inadequacy of existence,and aimed at these shortcomings proposes the perfection of bribery legislation suggestion,The hope of China’s legislation of bribery plays a certain reference role.