Comparative Research On Cross-Straits Legislation Of Bribery Crime

Bribery crime does great harm to society, and it’s just like the cancer, which hinders the healthy development of a country’s (regions’s) economic and society. In order to combat the crime of bribery, both sides of the Taiwan Straits legislate relevant criminal laws. In comparison, Taiwan’s criminal legislation in punishing the crime of bribery is more complete, and its punishment effect was significantly better than Mainland China’s. Therefore, comparative research on Cross-strait’s legislation of Bribery crime plays a very important role in perfection of the criminal legislation of punishing crime of bribery in Mainland China.Based on the comparison of Cross-strait legislation overview, this thesis is focused on comparing the component elements of Bribery crime in criminal legislation one by one, analyzing the similarities and differences between both sides of the Taiwan Straits, evaluating their respective advantages and disadvantages, and finding out the merits of the legislative framework of Taiwan region that we can absorb, with the purpose of giving advices on how to improve the criminal legislation of crime of bribery in Mainland China.To be specific, this paper is divided into four parts:The first part introduces the overview of Cross-strait legislation of crime of bribery, making comparisons between the legislative history and legislative model, and analyzing the differences in the Bribery crime legislation and its evolution process;The second part is focused on similarities and differences of component elements of Cross-straits Bribery crime, comparing points by points, including legal interests, the subject of crime, the objective aspect, the subjective aspect, and analyzing the merits of two region’s legislation;Part III discussed the differences between Taiwan region and Mainland China on their penalties setting of Bribery crime from three aspects:Sentencing guidelines, penalty magnitude, as well as penalty type.The fourth part, established on previous comparisons, drawing lessons from Taiwan’s experience in criminal legislation and jurisdiction, makes suggestions to improve the legislation of Bribery crime in Mainland China, including:Adhering to penal code as the only sources of criminal legislation of bribery crime; further refining the protection against legal interests of bribery crime into un-purchasing of public affairs; expanding the scope of bribe into illegitimate interests, persisting in the principle of function theory when defining the subject of crime; and improving behavior patterns and punishment settings of Bribery crime.