Comparative Study On The Mainland And Macau Legislation Of Bribery Crime

Bribery crime is a corruption crime that is prevalent worldwide and has serious social harmfulness;countries all over the world have laws to punish bribery, and the Mainland and Macao of China also havespecific legislation. On the effectiveness of the fight against bribery crime, the Macao region is superior tothe Mainland. The Transparency International’s survey shows that the integrity degree of Macau ranks thirdin Asia, second only to Singapore and Hong Kong, China, and thus, in the legislation Macau has manyaspects that Mainland deserves to learn from, such as expansion of bribery range, objective aspectsimprovement of bribery crime, changes in the penalty measurement system，incensement of the finepenalty and the crime of election bribery, the establishment of the combined punishment for multiplecrimes principle,criminal penalty and so on; on the same time Macao legislation has many yet to be perfect,including the subject of crime, penalty measurement system and so on. To promote the integration ofcross-strait legal systems and to crack effectively down on bribery crime for cross-strait, I make acomparative analysis of bribery crime legislation between the Mainland and Macao region, sums up theadvantages and disadvantages of cross-strait legislation, proposes some improvement suggestions, andintroduced some the legislation experiences of advanced countries and regions to increase more evidence tomake the argument more persuasive.Except for the introduction and conclusion, this thesis is divided into the following four parts:Part I: The legislation evolution of the two places. This part describes the histories of Mainland China,as we known, the law had a long history in China and from the date of its own laws, there’re the rules forpunishing bribery crimes, known as “the law of bribery crimes”.Along with the change of dynasties, thebribery crime legislation of mainland changes constantly, and was finally determined in the1996criminallaw and at the same time included single-line criminal law and accessory criminal law, after experiencingthe process of continuous modification and improvement of penal code, single-line criminal law andaccessory criminal law after the founding of new China. From applying Chinese law to PortugalPortuguese Penal Code, to Bribe Penalty System, and then to Macao Penal Code, Macau legislation is alsoa process of continuous improvement. Macao criminal law is a dispersed legislation, and bribery crime is prescribed not only in the Macao Penal Code, but also in other subsidiary criminal law, therefore onlythose who know much about them can see the complete picture of the Macao bribery crime legislation.Part II: Legislation analysis of the two places. Mainland bribery legislation focus on the provisions inthe Penal Code, including the eighth chapter of the national staff’s crimes on bribery and the third chapterof the non-national staff’s crimes on bribery; The main provisions of Macau bribery legislation can befound in the Macao Penal Code, as well as some provisions in single criminal laws, and thus in order to seethe whole picture of the the Macau bribery legislation, it’s necessary to do the research on all the provisionsof these laws. Then comparative analysis from the constitution of the crime of the two bribery legislations,sums up the similarities and differences of the two places, and there are some similarities on the criminalnatures and the constitutions of bribery crimes, but a more one is different, reflects in the scope of crimesubject, criminal objective elements, penalty measurement system, the penal setting and so on.Part ⅢThe legislations promoting on the bribery crimes for the two places. Bribery crime is veryserious in Mainland, which is closely related to legislation inadequacies of Mainland, and for Macau, it isnecessary to supplement comprehensive legislation on the subject of crime and sentencing system.Typically speaking, the units and foreign civil servants or the international public organization officialsshould be considered as the criminal subjects of bribery crimes in Macao; what’s more, the criminalpenalties for bribery should be made more serious, and the sentencing system of bribery should be moredetailed. and through comparison, legislations of Mainland have many to learn from Macao. First, expandthe range of bribery content, which is from property, property interests to non-property interests; second,improve regulations about crime objective performance, including increasing the criminal behavior ofcommitment, canceling the elements for others to seek interests and in order to seek illegitimate interests;third, the change of penalty measurement system, that is to change the existing penalty measurementsystem of according to amount to comprehensive measurement system, which requires refined judicialexplanations; fourth, the incensement of fine penalty; fifth, increase in the charge of bribery crime; sixth,the establishment of the combined punishment for multiple crimes principle in accepting bribery.