Thinking About The Heavy Punishment To The Bribery Crime

For a long time，in our country, the criminal policy is always tolerant forbribery crime; there are very different penalties prescribed by law on bribery andcorruption; the prosecutors attach more importance to the corruptioninvestigation and light the bribery investigation in judicial practice; and peopleare also lack of enough understanding that bribery crime is harmful to thesociety, and even consider that the criminals who should be sympathetic live in aweak position in the chain of bribery. The facts indicate that the "heavycorruption light bribery " thinking exists widely. But in essence, there is asymmetrical relationship between the bribery and corruption, and bribery is"source", corruption is the "water". That is to say the bribery crime directlyprompts corruption.So the indulgence in bribery crime to try to return for theinvestigation and a blow to the crime of corruption does not reduce theoccurrence of corruption, on the contrary, it makes corruption crimelong-standing and bribery phenomenon increasingly fierce who even haspenetrated into all walks of life. Bribery encourages the unhealthy tendencies in society, injures the country’s construction of a clean government and destroysthe normal social and economic order. We should understand correctly theserious social harmfulness of bribery crime, and increase the strength ofpunishment to the bribery crime.This article is in the core of the heavy punishment to the bribery crime, andaround the core, there are a total of four sections:Part1: the current situation of bribery crime, legislation and sanctionscircumstances in our country. At first, this part discusses the current situationand the characteristics of the bribery crime in our country, from which we cansee that bribery phenomenon is universal and serious, and then seeks theprovisions of the legislation on bribery crime in China. Compared with thecorruption crime, we can draw the conclusion that the punishment to briberycrime is relatively light; while in judicial practice, the blow on bribery crimeshas also been stress to fight corruption and thinks little of bribery.Part2: about the factor analysis of less bribery sanctions. In the currentsociety, bribery wind is prevail, while in judicial practice, the prosecutors rarely penalize the bribery, why? In this part,there is an in-depth analysis of the causesof the less bribery sanctions. Among the factors, there are no lack of theinsufficient consciousness of social harmfulness of bribery crime, the tolerancefor bribery crime in criminal policy and a few difficulties the prosecutors face inthe investigation, but the most important reason is from the deficiency of thelegislation, for example, the charges are too onefold, for the constitutiverequirements, the bribery is limited to "property", the behavior way is limited to"give", the subjective purpose must be "to seek unfair interests", the kind ofpunishment configuration is single, the provisions of the unit crime are sosimple and so on. In addition, the thought of heavy corruption is widespreadwhich also leads to less attention to bribery crime.Part3: reflection of "heavy corruption light bribery” phenomenon ". Is the“heavy corruption light bribery " phenomenon which has existed for a long timeright? In this part, by exploring the relationship between bribery and corruption,we can find that in the symmetrical relationships, bribery is the source ofcorruption, and the law benefits which bribery and corruption have violated are same in essence, so “heavy corruption light bribery” is not reasonable, it alsocauses some serious consequences, such as bribery becoming more and moreserious, the long-standing corruption crime.Part4: suggestions of increasing the strength of punishment to the briberycrime. Through reflection of "heavy corruption light bribery” phenomenon, thispart puts forward suggestions of the heavy punishment to the bribery crime. Thispart is the focus of this paper. First of all, it is appropriate to build a criminalpolicy which is" rigorous and not strict". Second, combined with the content ofthe second part, perfect the bribery crime in legislation and judicial. Amongthem, the perfection in legislation is the top priority of this paper, mainlyincluding the diversification of the charges, the improvement of the constitutiverequirements, such as expanding the bribery, taking the criminals’ action whowill promise to offer, or propose to offer into consideration of behavior way,andmodifying the regulation of crime subjective purpose, configuration with finepunishment, qualification punishment, and perfecting the punishment regulations of unit bribery, etc. While the perfection in judicial mainly realizethrough the improvement of the evidence.