Research On Legislation Perfection Of Bribery Crime In China

Since ancient times,China’s importance for bribery is not equal to taking bribes,compared to the briber,have a higher demand for civil servants in China intensified the bribery crime shows that the long time heavy bribery and light of the practice of bribery has been unable to effectively curb bribery in the criminal law amendment(9)and 2012 projects of embezzlement and bribery,according to the judicial interpretation of our country gradually realized the bad nature of bribery and crack down on the crime of bribery punishment of bribery crime for the enormous function but at present bribery legislation is not perfect,the regulation of charges and set has a corresponding of the problems of legal punishment Therefore,starting from the nomothetic drawbacks of bribery crime in China,this paper,referring to the characteristics of the development of bribery crime in China and the experience of other countries in the governance of bribery crime,puts forward Suggestions to modify the crime of bribery and legal allocation,want to increase the legislation of bribery crime in China to prevent and punish bribery crime play a certain role in reference.Bribery was first written into law in 1979;Criminal law amendment(9)and 2016 projects issued by the judicial interpretation have modified again to bribery bribery of evolution,history shows that our country attaches great importance to the degree of bribery has been more than bribery,near stage,our country also stepped up its crackdown on bribery bribery legislation of our country exist the following defects: on the one hand,the description of the bribery charges is not clear,to seek improper interests is difficult to define,behavior object is narrow,and behavior of the single;Bribery,on the other hand,the legal punishment setting is not reasonable,qualified penal legislation blank,the number of fine infliction isn’t clear,especially from the system is unreasonable,the punishment punishment way is not sound and so on the problem in combination with the British American countries such as Japan’s experience in the prevention and control of bribery crime in Singapore,the author suggested that in perfecting the bribery crimes rules,delete to seek unjust benefit the elements,will be the property interests into the behavior of objects,and expand the behavior;In terms of perfecting the statutory penalty setting for bribery crime,that is obligatory to adda qualification penalty for bribery crime,specify the amount of fine penalty,delete the provisions of exemption from punishment in special lenient clauses,and improve the non-penalty penalty methods.The prevention and control of bribery crime is a wave of progress,spiraling upward,at present,the governance of bribery crime in China has achieved certain results we should not only learn from the advanced governance experience of other countries,but also based on the reality of our country,gradually improve the legislation of bribery crime,to strengthen the precaution and discipline of bribery crime..