On The Improvement Of Punishment Mechanism Of Bribery Crime

Combat corruption is an important content of the comprehensive governing party,xi jinping in 19 major report serious pointed out that general secretary "combat corruption situation is still grim and complex,consolidate the overwhelming trend and the determination to win a landslide victory must be rock solid."19 after the Olympics,the first plenary session xi in the rate of a new session of the standing committee of the political bureau of the central committee general secretary to meet Chinese and foreign journalists when stressed: "comprehensive governing party on the road,always can't have any time to catch my breath and walk."In recent years,with the study on the fly "the strength of the increase,corrupt,despite its convergence,but corruption and bribery cases both the quantity and the amount involved is still rising trend year by year,especially in both the quantity and the amount involved in the bribery case successive surge.How to reduce the number of bribery crimes and the amount of bribery,and better curb the bribery crime,the author believes that it is necessary to punish the source of the bribery crime-bribery crime.China has always adopted a more tolerant attitude towards bribery crimes,but the governance results of bribery crimes are not satisfactory.Bribery crime not only violates the public officer position in integrity and do not buy,lead to corruption,more destroyed the regional business environment and political ecology,serious impact on the political and economic order of the society as a whole.At present,our country criminal law theory and judicial practice on the research of the bribery crime and punishment,but the insufficient recognition of bribery crime,"light is bribery,bribery" unbalanced phenomenon still exists,although in the form of amendment of criminal law in our country to change it to a certain extent of bribery,but criminal law for the regulation of bribery crime is still not perfect;In judicial practice,there are still some problems in the determination of the conviction and sentencing of bribery crimes.In the process of writing,adopting the combination of theory and judicial practice of law,reviews the bribery crime in the evolution of each historical stage,the focus on analysis of the composition of the bribery crime,compared the crime various theory of constitutive requirements,and put forward its own views.Are analyzed from the points of view of bribery crime legislation defects of bribery crime in our country at present regulation,based on the investigation to the countries outside bribery crime law,find out is worth our using for reference,from the view of the justice of bribery crime punishment put forward the solution to the problems in practice.With the reform of the national supervision system,the supervisory commission,as the only anti-corruption body in China,has replaced the procuratorial department of the procuratorial organ as the main body to investigate bribery crimes.The article briefly introduces the national supervisory board's function,as well as national and inspect for embezzlement and bribery case investigation,the relevant provisions of the state supervision committee and local supervisory committee has become a major force of China's anti-corruption,in accordance with the provisions of the state and inspect,in accordance with the investigation of bribery crime,to build a clean government and anti-corruption work,supervisory committee independently exercise the supervisory authority,is not subject to interference by administrative organs,social organizations and individuals.Supervisory committee for all public officer in the exercise of public power supervision,realize national supervisory universal coverage,will change ever procuratorial organ "light bribery,bribery," the enterprise idea,will form a new bribery cases investigation procedure and investigation method,the comprehensive innovation of bribery crime prevention measures,will open a new chapter of our country is the wind of anti-corruption.