Criminal Regulations On Bribery

Since the 18 th National Congress of the Communist Party of China, the public are more concerned about official corruption. Bribery is an important reason to induce bribery of officials, and as a result bribery penetrates into all fields of social, political and economic lives, so its profound social harm is self-evident. According to the serious situation of the crime of bribery and in order to better combat bribery, this paper mainly provides the crime of bribery legislation as the core, combines with the Amendment to the Criminal Law(IX) and takes warnings from legislative experience of other nations and regions. Furthermore, we then put forward some personal opinions. This paper mainly includes three chapters: concept of bribery crime, legislative problems and legislation of bribery.The first part is a generalization of the concept of bribery crime. Firstly, this paper introduces the legislative history of bribery to make people understand the characteristics and trends in the development process of bribery. Secondly, this paper explains the concept and elements of the bribery crime. Based on clarifying the relevant academic debate, this paper clears the view of the constituent elements of bribery.The second part is comment of the current legislative bribery. This part is mainly about the current legislative model of bribery, defects of elements of bribery, lacking of crime of bribery in the criminal law provisions and attempted ambiguous provisions.In this part, it focuses on the problems of the constituent elements, such as, narrowness of bribery behavior, definition of property, subject and illegitimate interest.The third part is the perfection of legislation. On one hand, this paper discusses improving the constituent elements of bribery, such as deleting "unfair" of "seek illegitimate interests", perfecting the behavior of bribery, clearing private individuals bribery as natural person bribery. On the other hand, this paper clarifies the standard of attempted bribery. Furthermore, this paper involves perfection of criminal responsibilitybribery, such as increasing pecuniary penalty and qualification penalty, perfecting circumstances of aggravation and national staff of bribery should be punished severely.