Comparative Study On Bribery Crime Between China And Japan

Since ancient times,bribery has been an eternal topic discussed by people.This is true for China,and Japan is no exception.After our reform and opening up,especially since entering the 21 st century,the development of social economy,politics,science and technology,and culture have all made shocking progress in the world.However,However,it is still regrettable that with it,It is corruption,corruption,bribery,and other corruption that has been rampant.As a result,it has seriously affected the development and progress of the country,affected the construction of a clean and honest government style,and brought a lot of social abuses,which has aroused widespread concern in various countries and even all walks of life.However,in Japan,the Criminal Code did not adopt a general method to make general rules.Instead,it classifies the bribery crimes according to different behaviors and circumstances.It almost includes all cases of bribery and forms a set of strict prevention and prevention.A system to punish bribery crimes.Moreover,according to the different circumstances,different legal regulations have been made for each crime.This article mainly analyzes the crime of accepting bribes of natural persons in China and Japan from the perspectives of legislation evolution,basic composition,crime configuration,and penalty.The main subjects of the crime of accepting bribes in Japan include not only the serving civil servants,but also outgoing and incoming civil servants.Both Japanese theories and jurisprudence hold that as long as they are able to satisfy people's desires and have a price-benefit relationship with their duties,they fall within the scope of the regulation of bribery crimes.At present,our determination of the scope of bribery does not include non-property interests in the scope of bribery.Most scholars still hold negative views,especially for the inclusion of sexual transactions within the scope of bribery.In practice,this is even more controversial.In terms of job affiliation,Japan's stipulations on job titles have relatively clear connotations and extensions.Secondly,the crime of bribery in the Japanese criminal law has made more detailed and explicit provisions on this,and it is subdivided into three types: acceptance,demand,and agreement.The behavior of bribery crime in China is only "accepted" and "acquired" in two ways.There is no provision for stipulating this behavior.Finally,compared with Japan,our country's penalties lack independent regulations,and apply the same law to corruption offences.China adopts the standard of accepting bribes in order to count public opinion crimes,while Japan focuses on the factors of facts and is more in line with the essential requirements of bribery crimes.The highest legal penalty for bribery crimes in China is the death penalty,and a new life imprisonment is also set up.The penalty is heavier.On the basis of discovering the similarities and differences between the two countries,they learned from each other's strengths and obtained lessons from the legislative perfection of the crime of accepting bribes in China,and provided a feasible reference.