Research On The Existing Porblems Of Bribery Amount In China

With the rapid economic development of China, the amount of money involved in the crimes of bribes and bribe-takings relating to corruption have witnessed a dramatic increase in judicial practice. Punishing and preventing corruption crimes has always been an important political task in our country, and the anti-corruption construction in China is of great significance both to the nation and its people. However, with the development of economy, as for the increase of the amount of bribery, the present standard for measurements of bribery crimes reveals obvious flaws: lack of scientific division of the amount of bribery, lack of reasonable sentencing range, the overlapping of sentencing range. The unreasonable provisions and determination of the legislation about bribery give rise to a series of problems in judicial practice, such as similar cases but different punishments, the amount of bribery punishment not strictly enforced, judges’ abuse of discretionary power, and the abuse of the merit in a mitigated punishment(confession to justice and meritorious service). Therefore, it is urgent that the divisions of the bribery amount should be confirmed and redefined.The thesis is divided into four parts.The first part generalizes bribery amount. It firstly explores the origin and development of the amount of bribery, then discusses the division of bribery amount, and lastly states the significance of bribery amount in judicial determination.The second part focuses on the correction and improvement of the standard for bribery amount. Owing to the out-of-date bribery amount legislated in 1997, the flaws in minimum amount and crime measurement can no longer meet the present demand of judicial practice. The not clearly defined parts in laws lead to disobey of laws by local judicial officials. Considering different opinions on the minimum bribery amount, I propose that reducing the minimum bribery amount is a way to follow the international trend on treating bribery crimes. Moreover, bribery amount and plot combined method, division of amount class and increase the bribery amount of measurement of penalty should be a better way to improve the present measurements for crimes.The third part concentrates on the lack of an independent law on bribery. This part clarifies the range of bribery: in the judicial practice people may find that there is an inclination for a more secret way to non-property profits, which in turn, results in lack of evidence. In addition, non-property profit is not against China’s restraining criminal law, but it is seen as bribery in most countries. Because China’s integration into International Convention, it is necessary for China to include non-property profits as bribery and takes all-round measures to curb it..Now, China’s legislation system integrates bribery into graft crime, which is rare in the world. Graft crime and bribery are different in essence for several aspects, such as the object, subjective intention, behavior and outcome. Actually, the present code does not show the characteristics of bribery crime, and could not effectively curb the spread of it. Therefore, there should be an independent law on bribery which includes a systematic and complete standards for this crime.The last part deals with the ways of the calculation of bribery amount: the amount of housing transactional bribery should take effect when the contract is formed. Punishment on briberies by taking shares and bonus from companies should consider the different nature of the companies. Briberies from borrowing and lending should check out the profits is reasonable or not according to the civil borrowing and lending standard. Also, judges can set the interest rate which is four times of the bank interest rate.