The Dilemma Of Bribery Crime Punishment And Solutions

Bribery crime is an important form of expression of bribery corruption crimes, are often encountered in the judicial practice of crime types, as well as more complex problems in practice of the crime. Although countries in legislation and judicial are offered to crack down on bribery crime, ensure the smooth implementation of the fight against corruption, but the blow of bribery crime in the judicial practice still exist light on bribery,bribery "hand hard, a soft" phenomenon. This is mainly with the our country present criminal law in the legislation flaws and the penalty for bribery in the judicial practice problems : in the legislation flaws of subjective element of the bribery crime; Narrow the scope of the content of the briber bribery regulation; To "give" narrow behavior rules. In judicial practice: the emphasis on punishment of bribery crime, relatively ignoring punishment of bribery crime; The briber in practice often appear as "witness", the judicial organs for the briber selective punishment and so on. On November 1, 2015 formally The amendment of the criminal law of the People’s Republic of China(9) fix the relevant provisions of bribery crime, increase penalties for bribery crime: increase the fine punishment, strictly regulate the bribery crime from the conditions of the punishment,adding to the influential people bribery, etc., in order to better to crack down on the crime of bribery. In this paper, based on this, from the social cause, legislation technology, the judicial practice the three parties in the face of the other factors of bribery crime punishment predicament to summarize, a relatively reasonable solutions are discussed.This article is divided into three parts. The first part mainly discuss the bribery crime punishment status as well as to the bribery crime punishment facing all sorts of trouble.The second part focuses on the formation of the main factors of bribery crime punishment dilemma. The third part puts forward the relevant way to solve the crime punishment dilemma.