Researching The Crime Of Bribery Of Foreign Public Officials

With the faster economic globalization and closer international mutual exchanges, it provides huge opportunities and space to the sound and fast development in the global economy. However, everything has two sides, each country enjoys enormous benefits from economic globalization at the same time, also found behind it all kinds of negative effects, for example, some companies or individuals did some wrongful acts in the fierce competition in the international market to win more favourable conditions in order to gain more economic benefits, for instance, to bribe public officials in a number of other countries or some international organizations. Regulation of controlling the bribery became the tremendous problem facing the criminal law of each country.Based on the amendment to the criminal law in our country under the eight "to foreign public officials, bribery of officials of public international organizations" as a starting point to start on. First, an increase in commercial bribery charges against increasingly rampant international offers extremely reasonable, this offence within the scope of criminal law in our country, further explained in our criminal law amendment VIII is the perfection of China’s criminal law system. Secondly, according to China’s criminal law provisions relating to criteria for the conviction and sentencing of the crime carried out a detailed analysis with a view to subsequent judicial practice can be well used. After a detailed interpretation of the crime provisions of the criminal code, and discovered the existence of this crime, "to seek illegitimate interests" rule fuzzy narrower scope of content, bribery, improper execution, bribery is not clear, the subject is not comprehensive, the bribe amount requirement unreasonable and many other legal deficiencies and defects of the practice. Given this, author think China this sin of penalty regulations business in the should canceled "for seek not due interests" of provides; bribe range of provides should appropriate widened, to better of regulation crime; sentence wide strict phase Chai, do crime phase adapted; bribe way of provides should be fully specific to avoid behavior people using legal vulnerability to escape from legal responsibility; punishment object provides should be fully specific to be better used in judicial practice; perfect bribe amounts aspects of provides, thus can punish crime more effectively, makes this crime more reasonable. Also I want to offer help to make it more appropriate to the judiciary in the judicial practice of this offence.