On The Defects Of Legislation And Suggestions On Improvement About The Rime Of Bribery Of Foreign Public Officials And Officials Of Public International Organizations

As the diversity and globalization of the world economy, corruption is begin tospread from domestic to international society, foreign corruption can escape legalliability because the laws of each country is different, so, the social security andeconomic stability of international society suffered serious damage. In international’sefforts, the <United Nations Convention against Corruption> was announced. Ourcountry participated in made the convention and agreed the convention. In order toperform our county’s obligation, the amendment (8) of criminal law added a newcriminal offence, the bribery of foreign public officials and officials of publicinternational organizations.Contrast the rules of this criminal offence in <United Nations Convention againstCorruption> and our criminal law, they have the same places, but they also havedifferent places: in our criminal law, the way of bribery is giving, the scope of briberyis property and property interests, the subjective aspect is deliberate and in order toobtain business undue advantage, the amount must be larger, in the penalty, not set thefine if the circumstances are relatively minor, and the amount of the fine have no rules,punishment is only freedom penalty and fine. According to the provisions of thisconvention, the way of bribery include directly or indirectly, promise, offering orgiving, the scope of bribery include all the undue advantage, the subjective aspect isin order to obtain or retain business or other undue advantage in relation to theconduct of international business, the amount of bribery is not affect the crime.This criminal offence can make appropriate changes according the principle ofabide by convention obligations, and combining with the condition of our country.The way of bribery include directly or indirectly, promise, offering or giving; thescope of bribery also include the other interests; delete the business in the subjectiveaspect; increasing the circumstances are serious and especially serious; setting the fineif the circumstances are relatively minor; clearly the amount of the fine, the amountbetween person and legal person is different; increasing qualification penalty.