Research On The Expansion Of Scope Of Domestic Bribery Crime Objects

With the constant development of domestic economy and society,the form of bribery becomes diverse and complex.There emerge a lot of new methods of bribery with the representative of various non-property interest briberies to corrupt civil servants by those who want to achieve wrongful purposes.Non-property interest bribery owns a variety of forms in daily life,including solving children’s employment problems,solving the recruitment of workers and cadres,offering the chance of going abroad,disclosing or providing information,granting a title of honor,ghostwriting or helping publish articles and providing sex services.Non-property interest bribery is different from traditional property bribery like bribing with money or things measured by money,and from property interest bribery closely related to property like setting up bonds,exempting debt and traveling for free.Recently,researchers in domestic theoretical cycle hold diverse opinions towards whether to expand the scope of objects of bribery and whether to include non-property interest bribery into the crime to implement conviction and sentence.Some support those practices while others oppose.Those who support to incriminate those practices with following reasons:all objects that could satisfy human being’s desire should be regarded as bribery to be punished as bribery crime,no matter material or spiritual,visible or invisible,material or non-material things,and property or non-property.Besides,echoing with above reason,as men in society,we have diverse demands,including basic physiological demand,and demands of security,belonging,love and self-actualization.After our most fundamental demand is met,we require achieving the demand of self-actualization.Thus,bribers could satisfy bribees’ desire by property or material and non-material interests.However,opponents believe that bribery simply refers to property or property that could be measured by money from its meaning.In the meanwhile,it is inappropriate to add non-property interest into the scope of conviction and criminal punishment when we take the regulation of conviction according to booty in the present domestic criminal law and judicial practice,as well as the problem that evidence of non-property interest bribery is difficult to be collected into consideration.There are multifarious traditional and practical reasons why non-property interest bribery is not included in the scope of bribery in current China,such as problems of the strong constraint of convention,single standard of punishment in present criminal law and difficulty in obtaining evidence according to measurement of penalty.These problems all impede the investigation,conviction and measurement of penalty of crimes caused by non-property interest bribery in real life.Current scope of objects of bribery crimes does not match with the reality of social development and national anti-corruption and anti-bribery policies.It neither adapts to the new situation of present anti-corruption nor gives expression to new requirements on legislation due to social development.What is more,it is detached from anti-corruption laws and regulations of international society.Therefore,it cannot effectively strike corruption and bribery in real life.As a result,the discussion on necessity of incriminating non-property interest bribery is triggered.Reviewing the history of domestic legislation on the scope of objects of bribery,we can find that it goes through a process of unceasing development and improvement.Thereinto,practical demand of adapting to new situation of the society and political demand of ruling state and dealing with politics to strike bribery are both included.There occasionally occur a variety of briberies with non-property interests as media in the fast developed economic society,which constantly shocks us and challenges our views and tolerant bottom line of bribery.Nevertheless,no conviction and measurement of penalty towards such bribery in present Chinese criminal law makes it impossible to effectively strike bribery crimes to maintain honesty of public servants,which also gradually exposes disadvantages and limitations of current domestic criminal law on regulating the scope of objects of bribery and fighting against bribery and corruption.With constant improvement and development of domestic legal construction,our legislative technique and judicial enforcement means are enhanced a lot,which makes it possible to expand domestic scope of objects of bribery,especially to include non-property interest bribery into crimes.In addition,United Nations Convention against Corruption and legislative stipulation of some main countries on the scope of objects of bribery crime provide useful enlightment and reference to China to incriminate non-property interest bribery.In order to more preferably and effectively fight against bribery and corruption to adapt to new changes of social development and development of rule of law,the author,at the basis of the combination of our national real situation,legal theories and legislative experiences of other countries,advocates to expand present domestic scope of objects of bribery,especially to incriminate bribing civil servants with non-property interest as the media,and then proposes suggestions for being crime of non-property interest bribery from following several aspects.First,to clearly expand the scope of objects of bribery crime at the legislative level from simple and intuitional property to property and other profiteering at the premise of observing current criminal law and China’s national conditions.And circumstance for sentencing is introduced under the circumstance of original system of amount for sentencing is applicable.Second,we strive to break the habitual pattern of thinking of the public about the scope of bribery objects on the basis of paying due respect to historical and cultural tradition,and deepen their perception of the intrinsic harm of non-property interests bribery as well as the requirements from social development on bribery object scope.Third,new bribery means,for example,non-property interests bribery,have such characteristics as being easily concealed and hardly perceived,thus,in terms of evidence collection,the author,basing on the improved traditional proof system,tries to introduce in burden shift of proof,stain witnesses system and technology investigation measures under limited conditions,meanwhile,the author advocates to strengthen professional competence and skills of judicial law enforcement personnel;fourth,in terms of penalty on bribery crime,the author supports original bribery penalty under the new situation of bribery evolution,besides,the author also advocates to restrict the wide application of death penalty in bribery crime and introduce in fine as well as qualification type penalty so as to better investigate and treat bribery and corruption case,maintain social justice and keep the honesty of public servants.