| Bribery crime has always been a matter of countries and regional government,is also the key to crack down on crime.Since the 21st century,the international cooperation of anti-corruption drive around the countries,Countries in the United Nations convention against corruption is a guidance of the law.In today’s society,patterns of bribery change rapidly emerge in an endless stream,it is impossible to guard against,non property interests of bribery has gradually played a leading role.It also accords with the characteristics of bribery crime,there is even more harmful than traditional money,so have attracted the attention of the world,many countries have set up its criminal punishment in order to improve the corruption of sanctions.However,for the non property interests of bribery should be included in the criminal law punishment,China’s scholars and judicial workers have different views.As early as 90s,some scholars have advocated the admission of sexual bribery,but until today,China’s criminal law has not provided for.2015 "criminal law amendment nine" and the "judicial interpretation of corruption and bribery" in 2016 made some amendments to the crime of bribery,clear the amount of the plot of the sentencing mode.defined property interests,pay attention to the application of fine penalty,have great progress.But it is still not included in the non property interests of bribery,sentencing circumstances are not perfect,the lack of qualification punishment is inadequate.In this paper,for whether the non property interests should be the penalty in detail,by comparing China’s current legislation of bribery crime in Hong Kong and Macao,Taiwan,foreign related laws as well as the "United Nations Anti-corruption Convention",find out the deficiency,and puts forward the solving method,in order to improve the future legislation of bribery crime in China.The first part of this paper introduces the concept,characteristics and forms of non property interest bribery.It is the most basic step to define the concept of a thing accurately.The author reads the relevant literature and makes his own concept.In this paper,a typical form of expression is given,and an example is given to show that this behavior is a common phenomenon in real life.In the second part,the author introduces the legislation of bribery crime in some developed countries and Hong Kong,Macao and Taiwan regions in china.This paper analyzes the legislative experience of foreign countries in China,so as to prove that it is feasible to bribe the non property interests into law.The third part detailed analysis of China’s current for the four kinds of theories of the scope of bribery and discusses the necessity of bribery punishment,introduces the practical needs characteristics and crime of bribery in the criminal legislation and the international trend.The author focuses on writing this part,in order to strengthen the theoretical basis and practical necessity of the non property interest bribery.In the fourth part,the author analyzes some problems of non property interest bribery into the criminal law,and expounds the shortcomings of the current legislation of bribery crime and the difficulties of the criminal punishment.The fifth part of this paper analyzes the problems that should be paid attention to.Firstly,analyses the necessary of corruption and bribery from expanding the scope in the crime of bribery,;secondly,analysis of how to improve the system of obtaining evidence,should consider the discussion into the criminal plot;finally,elaborated the consummation bribery punishment.This part of this paper demonstrates how to spend a lot of ink,bribery of non property interests definition,conviction and sentencing and how to improve the means of punishment,that China can be the same with foreign criminal regulation the behavior,in order to combat the crime of bribery and corruption remediation purposes.According to this article,we can see that the non property interest bribery is hidden,high,dangerous,and sentencing difficult,hard evidence of the problem,also means to bribe crime legislation judiciary of our country to meet the actual requirements to make improvements.Our country can learn from the excellent precedent,with the legislative technology and the progress of the investigation technology,these problems can not prevent the criminal law to regulate.I read a lot of books and articles,the content of the comparison,and put forward some of their own views,in order to improve the concept of non property interests bribery regulation.Due to the limited knowledge,some parts can not be in-depth analysis,in the future study and practice need to do more in-depth study. |
