A Study Of Legislation Improvement On Bribery Crime In China

The crime of offering bribes and accepting bribes are mutual crime.The crime of offering bribes is the upstream crime and the crime of accepting bribes is the downstream crime,which means that the crime of offering bribes will directly lead to the crime of accepting bribes.In our long-term criminal legislation and judicial practice,China has always held a tolerant attitude towards the crime of offering bribes.The crime of offering bribes and the crime of accepting bribes not only vary greatly in the setting of the penalty,but also the rate of discovery and investigation of the crime of offering bribes in judicial practice is much less than the crime of accepting bribes.The general public has not fully realized the serious social harmfulness of the crime of offering bribes,so that some people even give the briber the understanding and sympathy.It can be seen from the above facts that the idea of"accepting bribes is more important than offering bribes" is very obvious in our country.Therefore,the common practice in judicial practice that the tolerance of the crime of offering bribes in exchange for the punishment of the crime of accepting bribes does not reduce the incidence of the crime of accepting bribes,but causes the crime of offering bribes to be repeated and even more rampant.Bribery is seriously affect the construction of incorruptness of our party and our country.It also do harm to the social and economic order.It is imperative to intensify the crackdown on the crime of offering bribes.At present,there are still many problems in the legislation of the crime of offering bribes in China,which needs to be further improved and perfected.The main problems existing in legislation are that there are still many deficiencies in the constitution of the crime of accepting bribes,such as the narrow scope of bribery,the existence of "seeking for unjustified interests",the prescribed behavior is relatively simple and so on.Penal structure also has flaws,such as imperfect fine provisions,uneven distribution of penalties,the lack of qualification punishment and so on.In addition,there are also controversies and shortcomings in special leniency clause.From the perspective of historical development,the legislation on the crime of offering bribes in China has made significant progress.However,the existing problems are not conducive to punishing the crime of offering bribes and may even have a negative impact on the harmony and stability of the entire society.Through the analysis of the current legislative and judicial status of the crime of offering bribes in our country,combined with the "Criminal Law Amendment(IX)"and the "Bribery case filing standards","Explanation of bribery case","Procuratorate filing standards" and other related documents,we can see that our country is stepping up its efforts to crack down the crime of offering bribes.In practice,the widely existing thought of "accepting bribes is more important than offering bribes" has also been reversed,which is shifting to "make no discrimination between the crime of offering bribes and the crime of accepting bribes" and "severely punish the crime of offering bribes".However,there are still a large number of bribers who have escaped punishment under the criminal law and continue to harm the interests of the state and the vital interests of the people.There are many reasons for the crime of offering bribes.This article starts from the angle of bribery legislation,with detailed description of the faultiness about constitutive requirements,penalty structure and special leniency clause.In terms of constitutive requirements,it is proposed that the elements of "seeking for unjustified interests" should be abolished,the scope of"property" should be expanded and the types of bribery should be increased.In terms of penalty structure,it is proposed that we should improve the relevant provisions of the fine,balance the allocation of penalties,increase qualification penalty.In addition,special leniency clause should be retained and strictly applied.The author expresses views on the controversial issues concerning the crime of offering bribes and at the same time draws on the legislation of other countries and regions as well as international organizations about the crime of offering bribes for reference.In a word,the perfection of the legislation on the crime of offering bribes is a long-term and arduous task that involves the adjustment of various interests and the integration of elements and needs improvement step by step.We must abide by the general law of bribery legislation,on the basis of fully learning the beneficial experience of bribing legislation in other countries and regions,hold high the banner of socialism with Chinese characteristics,based on the current situation of the construction of the rule of law in Chinese society and the legislative system of the crime of offering bribes is gradually constructed in accordance with the national conditions of our country.The author hope that in the near future,the crime rate of bribery in our country can be greatly reduced,the entire bribery crime will be effectively contained,the clear spirit of society will be back so that everyone can feel the fairness and justice of socialist legal system.