Research On The Construction Of System Of Preventive Criminal Law Of Bribery Crime

The transformation from punishing strategy to preventive strategy is an advanced experience of international anti-corruption.This legislation is guided by the concept of active governance aiming at the root-cause of bribery crime,which embodies the pre-positioned and preventive legislative mechanism and the essence is to attach importance to the preventive function of criminal law which to reform the internal mechanism of bribery crime in criminal law.The construction of preventive governance system of criminal law is no longer limited to the political context,which has changed the current situation of corrupt governance emphasizing the restraining of clean authority sorely.At the same time bribery brokers in the field of non-public economy are also included in subject of bribery prevention,which shows the inducement controlling and preventing of bribery crime.In view of this,the bribery occurs owing to offering the bribe,so the bribery crime' s governance should be symmetric between the acceptance and offering of bribes.In like manner,the bribery broker,as the source of commercial bribery,commercial organizations who form the agency relationship with the bribery broker have criminal responsibility for neglecting corruption supervision.Besides,criminal law system of preventive governance establishes conflicts of interest system guided by "Evil of human nature" which conclude from exploring the reasons of corruption and makes the specific conflict of officer's behavior into crime.Based on the current situation of environmental community of corruption,the system formulate the criminalization of remiss on supervision and tip-off after introducing the identity of integrity guarantor for public officials.Our country is being in the critical period of comprehensive anti-corruption,and in order to realize the modern governance which completes the transformation of corruption from "curing the symptoms" to "curing the root causes" and result in positive effect on environmental and systematic governance of corruption,it needs to reduce the redundant constitutive elements of a crime,put up preventive cases and other preventive penal regulations to achieve the goal of active governance of bribery crime.This paper consists of three parts:preface,text and conclusion.The preface mainly introduces the object of this study,bribery crime,which discusses its development and sums up the essence of punishing criminal governance adopted by our country.Getting in touch with China's current corruption control and comparing with preventive criminal governance,to reveal the necessity of constructing a preventive criminal governance system of bribery crime in China.The main body is divided into four chapters.The chapter one mainly discusses the imputation mechanism of bribery crime under the punishment-oriented criminal governance system and the characteristics of doctrine of severe punishment appeared in criminal law under this system.Thus point out the weakness of punishment-oriented criminal governance in preventing environmental corruption.The second chapter mainly introduces the strategy of anti-corruption which is activism of governance behind the preventive criminal governance and clarifies the updated types of behavior,modes and mechanisms of behavioral responsibility and criminal standpoint of penalty allocation in bribery crime under this strategy,and then points out the advantage of preventive criminal governance.The third chapter specifically discusses the preventive criminal governance system of bribery crime based on the above-mentioned updated criminal law standpoint,which mainly includes the choice of legal interests,behavioral types of bribery crime and responsibility mechanism,and establishes a symmetrical accusation framework from the perspective of bribery acceptance and offering.The fourth chapter mainly discusses the localization of the preventive criminal governance system of bribery crime,which focuses on the renewal of the concept of bribery crime governance,the legislative amendment of bribery crime and the addition of new preventive charges.The concluding part is based on a brief summary of the main points of this article,and explores the issue of adding preventive charges of bribery crime and expanding the criminal law boundary.