Research On The Bribery Conviction And Sentencing

Bribery is an ancient malfeasance crime. The prohibition of it has great impact on the national destiny and survival. Since the 18 th national congress, the anti-corruption work has been upgraded to an unprecedented new level. The “Criminal Law Amendment(9)” providesanti-corruption work strong legal backing. Taking a review of the bribery crime legislation, the penalty is quite severe. However, the severe punishment cannot effectively curb the crime of bribery. In addition to lax enforcement, unreasonable bribery crime legislation is the main reason.This paper uses literature research, statistical analysis, and comparative study. In order to obtain personal point of view and provide the following analysis theoretical support, this paper starts from the change of bribery crime legislation, elaborating that bribery crime legislation is a gradual process, and then sorts out the objective elements of bribery crime. The study of foreign bribery legislation provides important reference for China bribery legislation. The third and fourth part focus on the four main issues of bribery crime and explain the position of this paper by repealing “ for the benefit of others” element. The legislation shall add pre-bribery crime and make “mediation bribery” an independent crime and separate the bribery crime sentencing standards from the crime of corruption and remove the “life imprisonment” penalty measure.