On Chinese Executive Acting Of Bribery Under The United Nations Convention Against Corruption

In the context of the global anti-corruption, the United Nations Convention Against Corruption came into being, basing on the summary of nations’ anti-corruption criminal legislation and regional convention against corruption. We China has signed the Convention in2003. The Convention defines the executive act of bribery broadly and comprehensively, which not only stipulates indirect behavior pattern and nonfeasance behavior form but also transforms preparation behavior into executive act. The Convention defines the executive act of bribery as involution behavior, which embodies its advancement. Chinese scholars have disputed about the legislation relating to the implementation of acts of bribery. Having had comparative analysis of various types of doctrines, this article has considered the request behavior in bribery has two-fold meaning of demand and request."Securing benefits for another", as an objective behavioral essential, is not necessary. The article has also stated that the behavioral time of "taking advantage of the position" could be brought forward to that of "taking advantage of future position" during the inspection of the entire criminal process. Compared with the Convention, provisions concerning executive act of bribery in Chinese Criminal Law have varieties of shortcomings due to the limitations of the legislation and the obstacles of transforming the convention to apply to China. The provisions are considered as too single patterned, the scope of the perpetrating act is narrow and the provisions of correspondence act of crime are not correspondence. Bases on all these shortcomings, this article provide a legislative suggestion of balancing the provisions of both offering and accepting parties. The article also suggests canceling the component of "Securing benefits for another" and expanding the scope of the bribe act from "render" to "suggest or promising to render".