Research On The Effect Evaluation Of China's Bribery Crime Legislation

The criminal legislation of bribery crime in our country was formed at the end of the last century,and so far there has been no major legislative amendment.Since the 18 th National Congress of the Communist Party of China(CPC),China's corruption governance has entered a new period.It is necessary to carry out an empirical analysis of the operation of criminal legislation on bribery crime in a timely manner,in order to clarify the direction and focus of legislative amendments in the new period.In view of this,on the basis of constructing the evaluation framework of legislative "regulation function","punishment function" and "prevention function",this paper selects 314 judgments of bribery crime as samples in an all-round way in the non-litigation case base.The main elements,elements of behavior,conviction and sentencing and other data are extracted,summarized and analyzed.It is found that there are some problems in the regulatory function,such as the application rate of bribery crime is too high,the regulation function of atypical bribery crime(refers to the bribery crime other than bribery crime)is not obvious,and some elements of the constituent elements have the phenomenon of judicial falsification,etc.There are some problems,such as unreasonable degree of punishment,single type of punishment,low matching degree of penalty gradient and sentencing circumstances;in the preventive function,there are some problems,such as qualification punishment,insufficient application of property punishment,insufficient legislation and so on.Therefore,we should adjust the legislative concept of bribery crime,establish the legislative view of "positive governance doctrine",amend the bribery crime system,combine the unit bribery crime with the natural person bribery crime,and abolish the introduction bribery crime.Amend the constituent elements of the crime of accepting bribes and the crime of offering bribes,delete the elements of "seeking benefits for others" and the amount and circumstances of incrimination,Amend "make use of the convenience of duty" to "related to duty activities";improve the legislative provisions of the basic crime and aggravated crime of bribery;create a new way of execution of fine penalty,and improve the qualification penalty.