Review Reconstruction Of Our Country Bribery Criminal Types Of System

High incidence of the transition period of Chinese society, the crime of bribery. Sincethe founding of corruption and bribery is a particularly important position in thescopeof China’s criminal law to combat one of the types of crime, but the governanceofficials lax, but has always been considered the most outstanding problem in the building of political civilization and the rule of law and social process.Governance officials lax in fact criticized the crime of bribery in China French loose, not tight enough, can not catch all of the crime of bribery.In order to adapt to dramatic changes in social life and effective response patterns ever-changing and increasingly covert means of bribery crime, improve the legislative system of the crime of bribery in China is extremely urgent., In theory, research on the crime of bribery legislation has been concentrated in the crime constitute the elements and the punishment to improve the micro level, this paper attempts to further the crime of bribery charges system on the basis of the results of previous studies designedThe crime of bribery to establish a structured, logical system of charges.From the three parts to discuss the crime of bribery charges system.The first part by examining the crime of bribery of legislative changes since the1997Penal Code promulgated, found that the problems of the crime of bribery charges system in the legislation focused on two aspects:First, the lack of uniform standards of charges by the official class and non-The official class distinction difficult; yes, the official within the crime of bribery charges unreasonable, so that the relationship between the law of the official class of the crime of bribery within the lack of a unified logic.Defects in these systems so that the crime of bribery is difficult to flexible to adapt to the changing practice of bribery situation, but also limit the expansion of the French Open, and reconstruct the crime of bribery legislation system has become particularly urgent.The second part of the extraterritorial countries, in particular, examined the crime of bribery legislation in the United Nations Convention against Corruption, and a comparative analysis from the charges of criteria for the classification of charges of classification, the three aspects of the charges of setting mode within and outside the legislative derivea sound system of revelation of the crime of bribery charges.That the standards of conduct are more conducive to building a tight French Open, adhere to the simplicity of a single count of setting mode is more in line with our legal tradition, and should improve on the charges of the type of reference to the legislative experience of the civil law within the official accepting bribes, whilethe improvement of the non-official accepting bribes, the legislative experience of the common law countries also we can learn from.The third part, to learn from foreign experience with their national legislation the actual reconstruction of the crime of bribery charges system in China.The crime of bribery charges system is divided into two categories, namely the public service by the class and non-official class; After the reconstruction of the crime of bribery, including three counts of accepting bribes, mediation of accepting bribes and official accepting bribes.In which sub-section385of accepting bribes including five terms, namely, the basic terms, adding to the terms, derived terms, the terms of the unit bribery and foreign bribery provisions.