| Anti-corruption has always been the difficulty and the focus of our country. With the further development of globalization, Bribery also shows a trend to expand and then it is necessary for countries to carry out effective cooperation in anti-corruption. United Nations Convention against Corruption is the important achievement of international cooperation against corruption. The convention elaborating appropriately about the definition, category, measures of punishment and prevention mechanisms has a crucial guiding significance for anti-corruption in countries. It specially imposes that states are obliged to define bribery of foreign public officials and officials of public international organizations as criminal action, but in China our domestic laws for foreign bribery have not yet proclaimed in writing. According to "pacta sunt servanda" principle, our country should amend the related domestic laws in a certain period of time, add related charges for overseas bribery in order to achieve the application after the assignment and adoption of the convention.The convention has been made in a more detailed provisions for the subject, object, behaviour way, and legal responsibilities of overseas bribery and provides the necessary guidance for the establishment of overseas bribery crimes. In light of the pattern of establishing overseas bribery crimes, enacting codes and newly-added provisions are two views of academics.In my opinion, based on the actual situation in China, newly-added provisions is more appropriate for our country. However, the time of adding new provisions, not only overseas bribery charges should be set up based on United Nations Convention against Corruption, but also reasonable legal punishments should be set according to the characteristics of crimes. And we should promulgate and implement the law by means of an amendment always adopted in China and then it would achieve the best effects against foreign bribery. |
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