Reflection And Reconstruction:the Research On Paths Of Statutory Sentence Settings Of China’s Bribery Crime

As a typical post crime, bribery, not only violated the probity of civil servants, but also damaged the impartial image of the party and the state in public, greatly reducing the public trust on power behavior and seriously harming the country’s stability on the long run. Therefore, the crime of bribery has been China’s anti-corruption focus on punishing object. Although the use of criminal law which is a tool for the crime of taking bribes gravity blow, the crime of bribery in recent years are still spreading and expanding. Surely, the reason is very complex, but the defects in design of the statutory sentence settings can be said to be one of the important reasons. The inherent defects of the statutory sentence settings, inevitably cause the judicial practice, and the function of punishment and prevention should be stretched. This paper tries to set out from the general principles of the statutory sentence settings, and analyzes China’s criminal code provisions about bribery crime, so as to find out the defects and shortcomings of these provisions. Meanwhile, through the reference of extraterritorial bribes legal sentence of the successful legislation experience, we can put forward some improvement projects, which would be of benefit to perfect the statutory sentence settings of bribery crime in our country.The first part says the general theory of the statutory sentence settings of, mainly explaining the common theory of the statutory sentence and the specific aspects of bribery. From the core word "statutory sentence ", what we should do is to redefine the concept of the statutory sentence respectively from two aspects of the function and content. From the theoretical concept to clauses of criminal law, the grounds of the statutory sentence need to be found according to the philosophical base and criminal law itself. Similarly, as the main contents of criminal law legislative activities, the setup of the statutory sentence settings can not be arbitrary, but should follow a clear, balanced and humanity’s basic principles. In the specific settings of bribery, the analysis points out the punishment to the bribery is based on the specific content of the legal interest, which can be called that national staffs duty behavior can not be selling as goods. Meanwhile, the pattern of the statutory sentence settings in China’s criminal law generally can be summed up as "the same penalty" and "the accordance penalty" two categories. The former is the legislative style of science, but the latter is only a case of the bribery crime, which exist many problems and should be abolished.The second part aims at reflecting the problems of the bribery settings from the two levels, history and current situation. The "accordance penalty" setting mode is not invented by the current criminal law, but a product of long-term development, starting from the establishment of the People’s Republic of China, which has a genetic trait evolution sense. In the line of the criminal legislation, this paper systematically analyzes the evolution path of the statutory sentence settings about bribery crime, to straighten out the features in different periods after the founding of the PRC, which is beneficial to the explanation of the current legislation and assist future amendments. Simultaneously, we focuses on the existing problems in the statutory sentence of bribery crime. From the general principles, there exist a series of problems in the statutory sentence of bribery crime and mainly reflected in the following four aspects. Firstly, the setting mode, the "accordance penalty" mode is not reasonable. Secondly, the prescribed punishment standard, the digital amount standard is short of the scientific nature and not able to conform to the reality of social development. Thirdly, the penalty configuration, property set weight imbalance, lack of qualification penalty provisions and death penalty is unnecessary. Finally, the penalty degree classification, different penalty rates cross configuration, and the cascade of the statutory sentence is not coordinated.The third part puts forward the specific path to improve the statutory sentence of bribery crime in reference to the other scopes of law. In the basic framework of our existing t bribery crime in, we can draw some reasonable references from foreign and Hong Kong and Macao in their successful legislative experience, and put forward the concrete path in view of the existing. The first step is model replacement, a separate set of the statutory sentence system belonging to the bribery crime; The second step is standard selection, establishment of the standard that bribery acts violate the obligations and the degree; The third is to replenish the kinds of statutory sentence, adding fine penalty and qualification penalty, to perfect the statutory sentence system of bribery crime. The last one is punishment degree optimization, including the abolition of the criminal point and death penalty and scientific quantification of the middle grade.The fourth part is the basic results of the antecedent parts, according to the way of "find problem and solve problem". Combing the general idea of the amendment experience in the criminal law in China, the paper just put forward a preliminary legislation amendments scheme, and the judicial interpretation about the related elements.