The Present Situation Of Punishing The Crime Of Bribery In China And Its Countermeasures

The prosperity of a country requires an honest and honest government to exercise the power entrusted by the people fairly,justly and openly.The exerciser of government power is a national worker.The integrity of state functionaries directly determines the credibility of government actions,once the government credibility is established.Decline will inevitably lead to social chaos and disorder,thus affecting the development of society as a whole.Throughout the past five thousand years in China,corruption has not been eradicated in all dynasties.In the last dynasty of history,officials were basically corrupted,which led to the loss of people's hearts and thus the loss of political power.The punishment of corruption was the most severe in the Ming Dynasty,which stipulated that local officials should behead all 60 pairs of silver embezzlement.The decree promulgated by Zhu Yuanzhang was harsh,but corruption was still not eradicated,and corruption followed.Therefore,in our current anti-corruption work,we should also strengthen the construction of system and culture,implement the principle of compatibility between crime,responsibility and punishment,scientifically and rigorously legislate,tightly network of laws,and create a clean and upright social environment.At present,the means of bribery crime are various and strange,but they are always changing.As long as they have the essence of money for profit,they are bribery.The social and economic environment is changing rapidly.The legal provisions have their own lag and need to be constantly revised and improved.Therefore,it is not easy to make scientific and reasonable provisions on new situations and problems in time.The extension of "property" should be expanded.The property benefits,sexual bribery,valuable information,educational enrollment,job adjustment and motivation opportunities obtained by the bribery recipient should be included in the property of the bribery crime.This can expand the "property" to a relatively broad "unfair benefit",which can be beneficial to the bribery crime.Some special acts of bribery should be punished to effectively combat the crime of bribery.The subjective aspect of bribery crime must be intentional.In addition,"seeking illegitimate interests" is a necessary component of the subjective aspect of the crime of bribery,which reasonably limits the scope of the crime of bribery,narrows the scope of the criminal law's attack on the crime of bribery,saves the cost of the criminal law,and at the same time can be sympathetic to the State functionaries based on the specific scope for their legitimate rights and interests.The bribers who have to pay bribes persist in the modesty of criminal law because of the lack of justice.In addition,this provision can facilitate the investigation and evidence collection of bribery crime.The promulgation of the Amendment to the Criminal Law(IX)and its interpretation has provided us with an important legal basis for punishing the crime of bribery.In the past,the law stipulated that any briber who voluntarily confessed his bribery behavior before being prosecuted,usually referring to the relevant organs before filing a case for investigation,can mitigate or exempt from punishment,which is particularly lenient.Compared with the voluntary surrender stipulated in the General Principles of Criminal Law,the leniency of the paragraph is too large,and it has become a tool for bribers to evade criminal responsibility.Bribery and acceptance of bribes are joint crimes.If we do not crack down on bribery,then bribery will increase or not decrease.The revised Criminal Law stipulates stricter restrictions on lenient punishment of bribers and fines for bribery.This shows that the state has increased its efforts to crack down on bribery and shows its legislation.The scientific nature and the purpose of bribery are basically for economic benefit,but how to deal with the illegal income of bribery,the general provisions of criminal law only stipulate the principle of confiscation of illegal income,lack of operability,fine penalty can make bribery can not benefit from bribery economically.Although the current Criminal Law has introduced the provisions of occupational prohibition,it is not perfect.It is necessary to further establish the qualified penalty as an additional penalty.At the same time,it is necessary to establish the personal integrity files of citizens and punish bribery with administrative means,so as to better combat the crime of bribery and create a good economic and social environment.