On The Punishment Of Bribery To The National People's Congress Deputy In Election

Bribery, namely election bribery, which is a political corruption phenomenon with the popularity of pro-democracy activists gradually generated in modern times. In our country, all state power belongs to the people, National People's Congress represent the will of the people to exercise state power, the deputies are representative of the individual will of the people, but from the beginning of 2000 during the election deputies there have been acts of bribery occurred. Through bribery voters become deputies or representative, in it are illegal, how can they represent the people! Election bribery acts seriously undermine the electoral system, undermine democracy, it must be legitimate and effective punishment. According to the current regulations and laws and the disposition of bribery in the bribery case of deputies elected, the punishment of bribery in election of deputies is weak and punish acts of bribery system is disordered, which is an important reason for the growth and spread of bribery continued. I chose “on the punishment of bribery to the National People's Congress deputy in election” be the topic of my graduation thesis, in basic of researching "Electoral law", "Criminal Law", "deputy law" and other laws and other legal documents and the relative case verdict,aiming at through analyzing of the current performance of the bribery, the reason for the bribery phenomenon appeared, current situation of the punishment of the bribery,the experience of punishing bribery in Hong Kong, Macao and Taiwan regions and countries such as Britain and America, finally, I will give some suggestions to strengthen bribery Punishment in our deputies election. The logical structure of this paper is organized as follows:Firstly, perspective and identify bribery which in the election of deputies.According to study the cases, I summed up the election of deputies bribery has some distinctive features, as well as trends in the number of participants, the amount of bribes, and the degree of organization etc. Before delving into the topic, we should identify what is bribery and how to identify it. Since China neither have a clear, authoritative, uniform requirement in positive law, nor a clear, comprehensive and uniform definition in theory, so I present my idea about how to identify bribery by analyzing the legal documents for bribery, concept of bribery by scholars and performance of bribery in practice.Secondly, what are the causes of bribery which in the election of deputies.I believe that from the subjective view of the actor, they chooses to implement bribery is the result of the interests temptation and the defection of the system. Capacity as the representative not only bring economic benefits for the actors, but also bring some other hidden interests, then because of the defection of the system,the actor choose to implement bribery behavior after they weigh the interests and bribery risk,. Only on the basis of fully understand the causes of bribery,then we can give right suggestions for how to punish acts of bribery.Thirdly, dispose the bribery which in the election of deputies in China.Contrast the legal basis and the practice, it can be seen that there is hardly any legal basis to dispose the bribery. Showing the punishment of bribery in election of deputies is weak and punish acts of bribery system is disordered as whole. Therefore, it leads to me to give some suggestion to strengthen bribery Punishment in our election of deputies at the end of the article.Fourth, China's Hong Kong, Macao and Taiwan regions and extraterritorial punish bribery experienceMainland China is lack of specific discussions to punish bribery. After I collected data and found that Hong Kong, Macao and Taiwan regions and Britain and other countries have made some achievements in terms of punishing bribery and summed up some experience of punishing bribery. So I want to use it for reference during I give some suggestions to strengthen bribery Punishment for the election of deputies.Fifth, some recommendations for strengthen bribery Punishment for the election of deputies.Contrast the legal basis and the practice in Mainland China and in Hong Kong, Macao and Taiwan regions and countries such as Britain, it is not difficult to find, there is lack of perfect regulation in Mainland China, and, the punishment of bribery are often beyond legal or confuse laws with party discipline. For this phenomenon, I give some recommendations for strengthen bribery Punishment for the election of deputies: Firstly, establish an electoral institution as a permanent organ to review and investigate election procedure; secondly, establish a strict and meticulous bribery punishment system; thirdly, provide channels and securities for the public to monitor the elections.