The Present Situation, Reason And Law Regulation Of The "Tasteful Bribery" Crime

Tasteful bribery has existed in our country since ancient times,because "the rulers like, the sub will send", which lead to the crisis that corruption seriously threated the rule of every dynasty. In modern times, especially in the current period,because of the high pressure form the Central high agaistthe corruption crimes,the traditional bribe-taking such as money or cash card is gradually disappearing,but the new and hiding tastful bribery is increasing hard.To know more about the tastful bribery, we need to make a clear definition on the substance of it which contains the properties and concepts.The properties of the tastful bribery has a lot of meanings, in this passage,in order to have a clear understanding of our purpose, the writer make a narrow understanding of the definition that is whether it is a crime or against our Chinese laws.To make it clear whether it is criminal or not,which means we should find out whether the tastful bribery has social harmfulness,against the criminal law and be punished or not, all in all,we must have a talk on the social harmfulness.About the social harmfulness, we can judge by the common social concept.Obviously, different social class,different professional backgroud have a different evaluation about it. To have a neutral opinion about that, we investigate different social groups.From the vestigation, we can get the conclusion:tastful bribery is criminal. It is a crimw that the governors use the power in their hands to exchange the items that they are interested in, to satisfy their material and spiritual desires, which has the same meaning as money taking-bribery.How about the modern tastful bribery? We can analysis from the basic elements of the theory of criminal phenomena.The analysis should include the basic status,the types and means of crime as well as its characteristics.The cause of a crime should also be included in it. Accoding to the reason analysis,we can provide intellectual support for the prevention and control,to meet the needs of punishing and preventing crime. As we all know, the most important thing is the cause and effect relation.It tells us, a result is often caused by multiple reasons.Just like the crime,the occurrence of a crime is often the result of a variety of reasons.The tastful bribery is a duty crime, which is the same as the general duty crimes, there are common reasons,such as the high concentration of power,the transformation of the world outlook, outlook on life and values,and the external economic and social environment and other incentives.But at the same time, it has its own special reasons, mainly in the following aspects:First,the uniqueness of the crime itself has contributed to the prevalence of this crime. Second,judging from the amount of duty crime legislation,that is easily to make a number of criminals to escape punishment.Third, the judicial authentication of the object of the crime is often difficult, which enhanced the bribe person’s fluke mind.Fourth,bribery such as "sugar coated bullet" is very popular which boosts tastful bribery bribe. Fifth, the duty crime punishment, especially for the punishment of the tastful bribery, there is a light and slow trend,it is inadequate deterrence.This kind of hidden corruption is eroding the integrity of the party and the credibility of the government.If it is not regulated, it will continue to eliminate the effectiveness of anti-corruption, but also continue to erode the public interest in a deeper level, endanger the ruling foundation of the party.Therefore, only through the analysis of the reason to find the cause, just like an antidote against the disease, we seek legal regulation measures of preventing and punishing crime. Including:First, on the aspect of system security, we should improve and implement the official property declaration system, let tastful bribery crime undetected.Second,in the criminal legislation, we should perfect the constitutive elements of the crime of bribery, and establish the center of the plot as the center of the punishment of corruption standards, in order to correct the position of the legislation on the amount of crime.Third,in the criminal procedure, we must establish a unified system of judicial identification of cultural relics, and improve the system of criminal presumption of corruption, to get out of the plight of the object of the crime in the judicial identification. Fourth,in the aspect of criminal justice, we should strike against bribery crimes, cut off incentives.Fifth, in terms of criminal sanctions, we gradually standardize the duty crime sentencing standards,we should stop the light abnd slow trend of the duty crime penalty, so as to improve the tastful bribery --the implicit duty crime penalty deterrent.