Research On The Current Investigation And Punishment Of Bribery

Since the pilot reform of the national supervision system was launched in 2017,the new anti-corruption system has been continuously established and improved,and the second plenary session of the 19 th and 19 th CPC Central Discipline Commission clearly demanded that under the background of joint investigation of bribery and bribery,the high-level Party and the state should formally and repeatedly emphasize joint investigation of bribery and bribery in the form of the Party's highest Congress and the plenary session of the Party's highest disciplinary inspection organ.It reflects the universality and seriousness of the unbalanced problem of bribery and bribery,and also reflects the urgency and necessity of the research on how to carry out the investigation and punishment of bribery crime under the "double investigation and double punishment".This article focuses on the basic completion of the pilot reform of the national supervision system,the preliminary establishment and continuous improvement of the new anti-corruption mechanism,and under the situation that the Party and the high-level state,the Central Discipline Commission and the Supervisory Commission have proposed "double investigation and double punishment" for bribery and bribery,it analyses the current situation,problems and advantages of bribery investigation and punishment under "double investigation and double punishment",and how to further carry out bribery after the establishment of the new anti-corruption mechanism.Bribery crime should be investigated together,and countermeasures and suggestions should be put forward from the practical point of view.In my opinion,to implement the spirit of the Second Plenary Session of the Nineteenth National Congress and the Nineteenth Central Discipline Commission and to implement the requirement of bribery and bribery investigation together,the key point is to give full play to the advantages of the policy of "double investigation and double punishment",and to solve the prominent problems of less investigation and less punishment of bribery.For this reason,through questionnaires conducted in Discipline Inspection and supervision organs,grass-roots procuratorates,grass-roots courts,front-line lawyers and civil servants,the author explores the understanding and views of social work on the investigation and punishment of bribery crimes under "double investigation and double punishment",and understands the solutions and concerns of disciplinary inspection and judicial practitioners on the investigation and treatment of bribery crimes under "double investigation and double punishment",which exists in the practice of investigation and punishment of bribery crimes as well as problems which need to be solved urgently.Through literature research and data analysis,the author explores the specific situation of bribery investigation and punishment from the 18 th National Congress of the CPC to 2017.Through empirical analysis and typical case analysis,the author explores the problems of bribery investigation and punishment before the establishment of the new anti-corruption mechanism,such as less investigation and less punishment,insufficient understanding of the harmfulness of bribery crime,and deviations in the practical circles' understanding of the idea of bribery investigation and punishment.After the establishment of the mechanism,there are still some problems that need to be solved urgently,such as unclear boundaries of the object of investigation and punishment,poor legal cohesion and difficult definition of the constituent elements.This paper also explores the experience of Sweden,Singapore,Japan and other foreign anti-corruption work,and explores the practices of the Hong Kong SAR ICAC in order to effectively carry out the investigation on punishment of bribery crimes under the "double investigation and double prosecution",and put forward scientific,reasonable,targeted and operational countermeasures and suggestions.There are four parts in this paper: the first part is about several different views on bribery and bribery investigation;the second part is about bribery investigation and punishment before the policy of "double investigation and double punishment";the third part is about bribery investigation and punishment after the policy of "double investigation and double punishment";the fourth part is about the improvement of bribery investigation and punishment under the policy of "double investigation and double punishment.