On The Legislative Defects And Perfection Of The Crime Of Offering Bribes

The subjective aspect and objective aspect and penalty system is flawed in the crime of offering bribes of China's criminal law.It cause the present situation of lighter punishment and serious social harmfulness.It is contrary to the principle of a legally prescribed punishment,the principle that everyone is equal before the criminal law principle,the austerity of criminal law principle and the stability of the law of legal theory.It is Unable to adapt to the social background of the current national crackdown on corruption.So,studying the civil law system and common law system,and combining the theory of criminal law,We put forward the perfect Suggestions for the legislation of bribery in China.Expanding bribery crime object,harm behavior and content, Deleting the bribery crime purpose and special surrender and dampening system,reducing the freedom penalty,clearing the amount of fine punishment,is beneficial to realize national forecast possibility and the judicial organ,meet the people's material and spiritual life level, is a reflection of the national general values,is also the requirement of the rule of law society.