On The Study Of Bribery's Current Penalty? Cause Analysis And Countermeasure Research

In real life, it is relatively infrequent for civil servants to extort bribes proactively,and most bribery cases are the results of active bribery offer from bribers, for many officials' psychological defensive lines collapse due to continuous “sugar-coated bullets” made by corruptors. Bribe-offering and bribe-taking are correspondence offenses which have relevance and similarity in their characteristics and orderliness,and the law should have set approximate penalty settings to both of them, however,China's judicial present situation of “ heavy penalty for bribe-taking while light for offering” leads to the increase of bribery cases. This thesis analyzes this topic through current penalty, cause and countermeasure research. In the first part, from the perspectives of legislation and judiciary, the author demonstrates the current situation that the penalty to bribe-offering is extremely light, which will more likely to mislead the public, induce more bribery and severely damage judicial fairness; in the second part, the author launched a detailed analysis to the root of light bribe-offering penalty from three aspects including society, culture and individual, she also points out the existing shortcomings in Criminal Law Amendment(9) and the newest judicial interpretations and deems three elements can easily lower detection rate of bribery,that is, the interference of human relationships for judicial personnel to prosecute bribery, difficult affirmation to bribery and the Chinese tradition of “courtesy demands reciprocity”; in the third part, she also came up with relevant penalty measurements and prevention methods to deal with the current situation of extremely-high bribery penalty, combined with penalty and prevention. To propose relevant suggestions and measurements of penalty and present precautionary methods from three aspects including source, process and purpose in order to change the situation of extremely light bribe-offering penalty.