Discussions On Bribes Of Bribery Crime

There are some flaws in the legislation of bribe scope incurrent criminal law in China, which may cause a large numberof crimes of bribery escape the punishment by law and impedethe anti-corruption campaign. The thesis analyzes thedelimitation of bribery in the criminal law: the malpracticeof property, which results in the divorce of reality and thelaw and the disunity of the rule of law. It also results thejuridical practice cannot reflect the legislative purpose andthe digression of United Nations Convention against Corruption.The author further analyzed the subjective and objectivereasons why the bribery is defined as property by the criminallaw. Before raising the problems in bribery legislation in ourcountry, the author analyzes and evaluates the three doctrinesof bribe scope in China, that is, property, property interestand non-property interest. The analysis reaches the conclusion that expanding the bribe scope is a solution to the problemsin legislation. In the author’s opinion, non-propertyinterest can reflect the connotation of bribery and can conformto the judicial actuality in our country and meet therequirement of people who are will to punish the briberyseverely. It will be a legislative tendency of bribe scope.After the argumentation on the rationality of the expansion ofbribe scope, the author focuses on the feasibility of theexpansion of bribe scope. In the third part, the author reviewedthe legislative evolution in China and research the legislationof bribe scope abroad to exemplify the expansion of bribe scope.The legislation on the bribe scope is varied in differentcountries and regions in the world, but in general, theselegislations are broader than “property” and effective inpractice. Next, the feasibility of the expansion of bribe scopeis argued from the three levels: the variability of the law overtime, the practical needs of anti-corruption and the obligationof implementation of Convention. Through argumentation, the conclusion reached by comparison the expansion of bribe scopeis supplement and amendment to the criminal law. The scaleincludes non-property interest. In the end of this chapter,whether the sexual bribery should be incriminated is discussed.As one type of non-property interest, sexual bribery should beincluded in bribe scope, while, considering the specialty andcomplexity of this bribe way, it is not appropriate toincriminate all the sexual briberies. In the fourth part, thefeasibility of expanding the bribe scope argued from the angleof measurement of penalty. First, to establish criminal lawsystem centered on the plot, it not only can coordinate theconviction and sentencing of bribery, but also avoid themalpractice of traditional mode. Second, by applying moreproperty punishments, abolishing confiscation of property andapplying qualification punishment to complete allocation ofthe bribery punishments and realize a better effect in crime.At last, from the development of judicial practice to discussthe possibility of abolish death penalty in bribery. By tempering justice with mercy to decide the conviction andsentencing can realize the dynamic balance of between crimepunishment and human rights assurance after the expansion ofbribe scope.