Study About The Reasons Of Slight Bribe Punishment In Legislation And The Effect Of Judicial Determination

For bribe crime, offer of bribe has become a more serious part which with serious social harm. Therefore, the crime of bribery is the most important upstream crime. At present, The rate of bribe is increasing year by year. This affects the high-speed development of domestic economy. However, Practical department and academic world just pay attention to ‘‘bribe’’,bribery is neglected. Bribery crime, the criminal law amendment(nine) is increased by adding fine punishment, and being strict with the light punishment plot, but revised has limits in sentencing issues for no conviction. The author thinks that, commenting on charges of bribery and the provisions of the statutory punishment still has obvious flaw. That is the reason why the author selected this topic.The author studied with perspective of the bribery punishment and anti-corruption predicament--a review about the present situation of bribery punishment. The author inspects, the bribery crime punishment ineffective legislation reason lies in, the scope of bribery provisions are too narrow, the legal bribe behavior pattern is unitary, the penalty disposition still needs further to consummate. Because of slight bribery punishment in legislation, provisions that the scope of bribe is too narrow and legal way of bribery simplification, punishment configuration is not scientific and reasonable. The legislative defects caused many adverse effects to the justice, so concentrated performance for bribery behavior cognizance is difficult. No punishment defect is apparent, and in practice is not applicable, too. At the end of the article, the author suggested that government should perfect the relevant legislation and judicial process of bribery from the following aspects, namely expanding the scope of the bribery determination, broaden the way of bribery, scientific configuration of penalty, and disintegration of bribery military alliance.