A Comparative Study On The Criminal Legislation Of Bribery Between China And South Korea

As a typical duty crime,bribery crime is a serious threat to the normal management order of the country,and also causes damage to the credibility of the country.With the deepening of the reform,the level of economic development in China has been achieved,and the number of bribery crimes has been increasing year by year,with frequent major cases and more complicated cases.The way of regulating bribery cases has also risen from regulations to criminal law,especially in the amendment to criminal law(9),which has changed a lot.In the past 70 years,through the continuous improvement of criminal law,the criminal legislation of bribery tends to be improved.However,there are still many problems in the application of the law,which are mainly caused by the unscientific establishment of the accusation system of the crime of accepting bribes,the lax establishment of the constitutive requirements of the crime of accepting bribes,and the inconsistent sentencing standards of the crime of accepting bribes.At the same time,the corruption crime is also a serious threat to the South Korean government,especially in recent years,the corruption cases of many presidents and senior government officials have been frequently exposed by the media,including many bribery cases.In order to effectively curb the occurrence of bribery crime and improve the credibility of the government,South Korea tries to thoroughly eradicate corruption crime by improving the criminal legislation of bribery crime.In order to effectively prevent the spread of bribery crime,the legislative department of South Korea has made a wide range of amendments to the original "law on Aggravating Punishment for specific crimes".At the same time,in order to make up for the shortcomings of the scope of the criminal law,the law of prohibiting improper solicitation and acceptance of property was issued and implemented in 2016,which included the main body omitted in the criminal law.This paper analyzes the problems in the judicial practice of bribery crime from the current situation of criminal legislation of bribery crime in China.Mainly through the comparison and analysis of the accusation system,subjective and objective elements,sentencing standards and other aspects of bribery crime between China and South Korea,and combined with China' s national conditions to find out the reasons for the difficulty of judicial application of bribery crime.Through the research on the criminal legislation of bribery crime in Korean criminal law,and in-depth discussion on the current situation and legislative technology of the criminal legislation of bribery crime in Korea,comparing the criminal legislation of bribery crime in the two countries,finding out the reference in Korean criminal law,and combining with China' s national conditions,putting forward reasonable suggestions.The framework of this paper is as follows:The first part introduces the concept and legislative evolution of bribery crime in China.With the rapid development of economy and the change of the main social contradictions,the criminal legislation of bribery has gradually changed,and with the development of the complexity of social economy,bribery also presents more and more complex forms of crime,but the legislation is relatively backward.The second part introduces the legislative status of bribery in China.It mainly introduces the accusation system with the subject as the main division standard,the two controversial elements in the subjective and objective elements of the bribery crime,and the sentencing standard of the bribery crime modified by the criminal law amendment.The third part introduces the current criminal legislation of bribery in South Korea.It mainly introduces the relatively perfect accusation system,subjective and objective elements of bribery crime,and the sentencing standards based on the sentencing benchmark and sentencing factors.The fourth part compares the criminal legislation of bribery between China and South Korea.In the comparison of the accusation system,we find that the accusation of bribery in the criminal law of our country is relatively single,there is no scientific establishment of different accusations,and it can not adapt to the crime of bribery in different behaviors.The legislation of the elements of bribery crime is not rigorous,and there are many disputes between the cognizance of crime and non crime,which increases the difficulty of the application of law.In the sentencing standard of bribery crime,although the charges are set independently,the sentencing standard lacks independence,there are many cases of using the sentencing standard of corruption crime,and the provisions of the sentencing standard of amount plus circumstances are not detailed enough,and the use of fine and qualification punishment is not perfect.Finally,by comparing the criminal legislation of bribery between China and South Korea,and summarizing the excellent legislative experience in South Korea' s criminal law,this paper puts forward feasible suggestions for improving the criminal legislation of bribery in China,including:improving the construction of the accusation system,adding bribery related accusations;further standardizing the elements of crime,such as abolishing "seeking interests for others" To further refine the standards of crime and sentencing,so that the determination of crime circumstances and the determination of the amount of crime is more scientific,systematic and targeted.At the same time,we should reasonably allocate the range of penalty,further improve the allocation of fine penalty and qualification penalty,and separately set up the sentencing standard of bribery.