"United Nations Convention Against Corruption" And The Perfection Of The Crime Of Bribery

December14,2005," United Nations Convention against Corruption " officiallycame into effect,27October2005of the Tenth National People’s Congress examinedand approved by the Eighteenth Meeting of the " United Nations Convention againstCorruption," while Disclaimer: China is not " United Nations Convention againstCorruption " on page66paragraph constraints." United Nations Convention againstCorruption " is by far the most complete on corruption and most global andcomprehensive international legal documents, the definition of crimes of corruption,corrupt interests of deprivation and international cooperation against corruption issuesstringent requirements, not only for the international community provides the basiclegal anti-corruption guidelines, but also in the world advocated the scientific conceptof corruption and long-term strategies. February25,2011the National People’sCongress," Criminal Law Amendment (eight)" on page29under the " UnitedNations Convention against Corruption," the requirements of Article16of the briberyof foreign public officials and officials of public international organizations conductregulations as a crime, this is our country as a State party to effectively implement theUnited Nations Convention against Corruption and obligations of important initiatives.However, as a typical bribery, corruption is the most common manifestations of thebribe this highly infectious "virus" is present in all areas of economic and social wantonspread, but also very social tolerance, people abhor those who accepted bribes, but nolack of sympathy for the briber, leading to bribery increasingly serious social harm. Itbriber emerging, making those who accepted bribes unbearable temptation to becomedegenerate. Thus, while those in the fight against corruption must be punished trace theorigin of the briber, the Supreme People ’s Procuratorate also timely follow-up,established a " severely punish bribery," the goal of blocking the source of bribery, and effectively curb the spread of bribery,20105July issued a " further intensify efforts toinvestigate and deal with serious bribery notice." However, because our criminalsubstantive legislative provisions on bribery, there are some flaws, not only with the "United Nations Convention against Corruption," the relevant provisions of the divorce,but has been unable to meet a variety of situations in reality punish bribery needs.In this paper," United Nations Convention against Corruption " Article XV of "bribery of national public officials," based on the provisions, with China’s " CriminalLaw" provisions on bribery comparison, combined with judicial practice, from thescope of bribery, bribery of people subjective purpose, objective behavior of bribery,the penalty system perfect four aspects of the bribery provisions of the existing analysis,reduce bribery conviction standard rationality and feasibility, combined with theelements of the crime and the punishment to propose complete legislative proposal.