A Bribe And Its Criminal Law System Research

Compared to the common bribery,tasteful bribery has many advantages,therefore, there is a growing trend that people use this "elegant" form to achieve the dirty swap between power and interest. However, tasteful bribery is still a bribery which, with the essence of " corruption ", go diametrically against the social background of anti-corruption and is entirely harmful in today ’ s society. It cannot be more necessary to get to the bottom of it. To this end,this article briefly introduces the basic situation of tasteful bribery, including history,definition,etc,point out its concrete representations,cause of prevalence and harm, as well as put forward the corresponding prevention and control measures, through the analysis of practical difficulties in punishing tasteful bribery, to tight criminal net and effectively combat bribery crime.The full text is about Thirty-two thousand words, In addition to the Introduction and Conclusion, the main body of this article includes the following four parts:The first part,the summary of tasteful bribery. On the one hand, briefly introduce the the history of tasteful bribery:originated in the Tang and Song Dynasties,extremely prosperitied in the Ming and Qing Dynasties,and has been continuously evolving in modern times;on the other hand, generalize existing definitions of tasteful bribery, and conclude a definition of this article after analyzing and comparing : Tasteful Bribery, also known as the "Elegant Style Bribery",is the behavior the briber uses to exchange the official ’ s power for interest,by sending items with cultural taste,or meet official’s various kinds of "hobby" through some other method.The second part, representations, reasons and harm of tasteful bribery.Firstly, combing with some cases in reality,successively elaborate concrete representations of tasteful bribery, among which are the older forms of sending antiques, calligraphy and painting or other objects,but also many new forms that the modern people create to meet official’ s interest,such as give high diploma, high professional title, article works, participating works,title of judge, sing their feat,“Runbi Fees”,lecture remuneration,conference allowance,part-time academic job,study trips,publish books,and so forth.Then, explain why tasteful bribery is continuously prevail from four aspects:the first reason is spiritual needs: put on the cloak of art, pretend elegant scholar;the second reason is the social basis: because of understanding deviation, society actively promotes greed;the third reason is preserving and increasing value: beside economic interests there is greate appreciation space;the fourth reason is concealment and security:drill the loopholes in the system,to avoid the legal punishment.Lastly, point out harmfulness of tasteful bribery:the first one is facilitate corruption, affect social stability;the second one is lead to decadence of individuals, spoil social atmosphere;the third one is cause market disorder while disruptting the market rules;the fourth one is confuse the art standard, and hinder the progress of art.The third part, Realistic predicament of penalties for tasteful bribery,mainly include:1.retrofit,non-property tasteful bribery cannot be convicted;2.ambiguous,accept gifts and take bribes are obscured;3.numerical limits,ineffective striking of criminal law Indulge crime;4.limited penalties,crime advance wave upon wave,is difficult to prevent;5.difficult to determine amount, different judgement cause unfairness.The fourth part, criminal regulation suggestions for tasteful bribery. The article emphasizes on putting forward the corresponding regulation measures from the aspect of criminal law, in the light of predicament of penalties for tasteful bribery: the first one is reasonably define the scope of bribery, extend it to all “interests”; the second one is grasp the essence of the use of authority,uncover the veil of "gift"; the third one is consider comprehensively of various factors,abandon the traditional approach of sentencing on the amount of bribes;the fourth one is perfect bribery penalty system,strengthen the punishing power;the fifth one is formulate tasteful bribery-value assessment rules, adhere to the subjective and objective consistent principle.