“Manage Of Officials Or The People”: Viewing The Evolution Of The Anti-bribery Law's Options

In the face of the increasingly serious problem of bribery corruption,manage of officials or the people? In the criminal law mainly the options how to design bribery system and its condemnation and punishment on the issue.The recent Interpretation of several issues concerning the application of law in the case of criminal cases of corruption and bribery(hereinafter referred to as "interpretation")shows the top management of bribery in the treatment of bribery,according to the interpretation and "Criminal Law Amendment(9)" on bribery The adjustment of the crime and sentencing shows that the current situation of our country has entered the track of "manage the people"(bribery),but the question of focusing on "treating officials"(accept bribes)or turning to "manage the people"(bribery)is still controversial.Based on the above phenomenon and controversy,the article takes "manage of officials or the people" as the angle of view,in the " manage the officials ","manage the people" to define the theory and contact the Party Central Committee put forward a comprehensive strict policy on the basis of governance,Viewing the process of anti-bribery criminal law and the process of judicial activities,pointing out that the existence of judicial practice has long been "punish the acceptance of briberies severely,lightly the bribery" phenomenon of the causes of legislation and justice to improve the punishment of bribery in the measures.The full text of a total of about50,000 words,divided into the following four parts:The first part: the basic definition of "managing the officials" and "managing the people" in political science and criminal law.In politics,“managing the officials "refers to the state to engage in public affairs personnel management and governance system to build,in order to achieve the official business people cannot rot,cannot rot the goal;" managing the people " refers to the state according to the people to manage.In the criminal law," managing the officials” refers to the state staff and personnel engaged in public affairs bribery acts of violation of the criminal law of criminal acts;" managing the people " refers to the non-state staff bribery acts for the violation of criminal law criminal behavior.The second part is to study the theoretical basis of the rule of the government and the people in the anti-bribery criminal law.In the analysis of jurisprudence,the essence of law in China means that legislation must respect the overall interests of the broad masses of the people and realize the guarantee of the state system of the legal system.However,the corruption of Chinese officials since the 18 th Congress is still grim Violation of the order of law and the sympathy of the official community on the issue of their own corruption reveals the fact that our country still needs to be cautious in governing the rule of the people.In the criminal law analysis,the principle of equality before the criminal law provides the solution to the punishment of bribery crime.Criminal law,as the last line of defense of society,embodies the advantages of criminal law,and the principle of compatibility is the guiding role of legislation and judicial rationality to deal with bribery.The third part: Viewing the "manage of officials or the people" in the anti-bribery criminal law legislation and judicial changes in the history.Bribery legislation on the one hand with the "first bribery,after bribery," the legislative law,such as bribery crime charges added,the penalty modified before the bribery crime,on the other hand has the characteristics of disorder,such as bribery of the highest legal punishment repeated changes In addition,the legislation has the characteristics of legislative compromise and lagging behind the construction of the bribery crime system.If the bribery crime is "seeking the interests of others" and "taking advantage of the convenience of the position",it is proposed that the legislation is " punish the acceptance of briberies severely,lightly the bribery " reasons,but also China's bribery crime is difficult to achieve one of the important reasons.Second,the struggle to clarify the struggle of criminal justice has never got rid of the fact that the criminal legislation shadows,the interpretation of The Supreme People's Court and The People's Procuratorate(hereinafter referred to as "Two high")and the person in charge of the argument with the criminal legislation is extremely inconsistent,two high also never found the existence of judicial activities,"punish the acceptance of briberies severely,lightly the bribery" the root cause of judicial habits is caused by legislation,the two high proposed " severely punished bribery " slogan not only cannotsolve the " punish the acceptance of briberies severely,lightly the bribery " the judicial habits,but also to some extent there is light and vertical bribery suspects.The fourth part: put forward in the “manage of officials or the People “from the perspective of improving China's anti-bribery criminal law measures.In the legislation,to ensure that the " manage the officials " and " manage the people " criminal circle balance,such as the addition of bribery of foreign public officials and officials of international public organizations,and to ensure that bribery in the composition of the coordination of elements;It is necessary to comply with the policy leadership of the Party Central Committee and the basic principles of criminal law.In addition,improve the bribery crime and remove the "improper interests for others" To expand the bribery of the object of crime,to amend the crime of holding a huge amount of property with unidentified sources,to remove the obstacles to effective manage the officials,and finally,to explore the construction of a scientific system of legislation to the current party Central Committee strictly rule the party as a guiding ideology,reference to the public Consensus,learn from the extrajudicial legal system bribery crime system,and construct the anti-bribery criminal law system with Chinese characteristics.In justice,The two high authorities and the judiciary at all levels should respect the fact that the "manage the officials" still have a broad mass base,because,despite the fact that the administration of corrupt officials has been increased since the 18 th Congress,there are still collapses,Second,the punishment of bribery must abide by the basic principles of criminal law,from the "interpretation" issued after the case found that bribery and accept bribes punishment treatment of unfair judicial reality case,and therefore must To re-examine the judicial activities to comply with the basic principles of the necessity and importance of criminal law;In addition,to rely on bribery to solve the problem of accept bribes of old ideas,judicial activities in dealing with bribery,should increase the handling of the case,pay more attention to the quality of the investigation process,And finally get rid of the judicial habits of bribery;Finally,we should pay attention to the bribery criminal penalty system of the system,from the "interpretation" after the promulgation of the case found similar bribery,etc.,in Beijing and Shanghai court penalties appeared Thelarger the deviation of the verdict,it should be constructed as soon as possible bribery crime penalty system,lenient and strict bribery crime situation to build.