Bribery Legislation Question Research

Taking bribes from 52 to nowadays the regulations after the founding of the criminal law amendment(9),has experienced from scratch,from rough to delicate,discrete transformation from affiliated to corruption.52 to bribery is attached to the regulations of embezzlement,become one of the forms of corruption;79 "criminal law" independent out of taking bribes,has been clear about the "by taking advantage of his" constituent elements;97 "criminal law" the preliminary construction of bribery crimes,but no independent penal system,adopt "according to the sentence" the legislative cases;"Criminal law amendment(9)",detailed the terms of the establishment of taking bribes and punishment standard,the relatively perfect link criterions for the conviction and improved from the system.At present,under the guidance of criminal policy of "tempering justice with mercy",the legislation of bribery is to add "life imprisonment system" and "fine punishment so severe side;At the same time also has set greater " punishment " provisions to reflect wide side.Taking bribes in the revised establishes a " relatively certain amount + plot " " binary " standards and criterions for the conviction of value more appropriate nature of taking bribes.In acknowledgment and discretion in the process of taking bribes,pay more attention to the plot,this elasticity legislation to give the judge more discretion,individual justice.At the same time,the legal punishment of bribery to make major changes,marked characteristics is to freedom penalty sentence range stretched,to look after the conviction of " binary " sentencing standards." Criminal law amendment(9)after really perfect the legislation of bribery,embodies the " tight of the criminal law ","enhance the criterions for the conviction of many" and "reflects the criminal policy of" tempering justice with mercy.But academic disputes,practice difficult problem remains unresolved,such as bribery is still applicable "in accordance with the sentence," the criminal punishment in accordance with the corruption;Again such as,lack of legal sentence configuration of "immediate" "qualification punishment" and so on.According to the time evolution characteristics of bribery and legislative defects,the need for legislation,mainly in the indictment content for expanding the scope of the "bribe" to "other interests" and "cancel" seek interests for others "element;Outside the prescribed configuration to independent legal punishment of bribery,abolished the death penalty in bribery,and cancel the bribery of life in prison system;In addition,but also improve the system of light punishment."Criminal law" article three hundred and eighty-five and article three hundred and eighty-eight were prescribed "type for bribery," "type accepting bribery" "commercial bribery" and "mediate bribery," four kind of way of taking bribes,law include sex too big can’t deal with the current various new way of bribery,so you need to draw lessons from foreign legislative model appropriately.Judicial dilemma owing to defects of the legislation,although the criminal law amendment(9)for taking bribes made great improvements,but deposit "criticism" for many years has not yet been solved,the perfection of the next direction mainly from the above several aspects,carry out step by step.