The Difficulties And Improvement Of Legislation Of The Crime Of Offering Bribes In The Perspective Of Criminal Policy

In the criminal legislation of bribery crime in our country,the concept of " The law cannot be enforced when everyone is an offender" has been followed for a long time.There are many restrictive elements in the facts of bribery crime.The tradition of "emphasizing on anti-corruption" and the policy tendency of "punishing bribery" make the penalty structure of bribery crime show the characteristics of severe punishment.The penalty of bribery crime is even higher than accept bribery crime in the first two legal punishment plot range.Accordingly,the criminal policy adopted in the punishment of bribery crime in our country shows the state of " severity without rigidity ",and causes many problems.This paper discusses that the criminal policy should shift from " severity without rigidity" to "rigidity without severity" from the two aspects of conviction mechanism and penalty structure,and puts forward the legislative conception of " rigidity without severity " for bribery crime.The second chapter discusses the zero-tolerance policy of anti-corruption.Zero-tolerance policy is a policy that the party and the state have determined that China should adhere to at present and in the future for a long time.China's bribery legislation reflects a high degree of tolerance,which does not meet the requirements of zero-tolerance policy.In our country,there are theoretical basis and comparative law basis to adopt zero-tolerance policy to control corruption.We should adjust the conviction mechanism of bribery crime according to the requirement of zero-tolerance policy,all kinds of bribery should be regulated by criminal law.zero-tolerance includes the zero-tolerance policy for corruption and the zero-tolerance criminal policy for corruption crimes.Influenced by the unique dual concept of a conviction quotation and the limitation of judicial resources,China is unable to combat all corruption by criminal law at this stage.At the same time,it is necessary to update the party discipline and political discipline to regulate bribery in a timely manner,and start the judicial reform of the punishment procedure of the party discipline and political discipline.The third chapter firstly refutes the heavy penalty policy of bribery crime and the theory supporting the heavy penalty of bribery crime,and then demonstrates the rationality of applying the light penalty policy in bribery crime.Severe punishment is not conducive to enhancing the deterrent effect of punishment,but will increase the difficulty of proof in criminal proceedings.In the reconnaissance activities,both sides of bribery are in the prisoner's dilemma.Setting a penalty lighter than the briber will help deepen the distrust between them and encourage the briber to confess.Under the traditional heavy penalty policy of our country,the criminal legislation regards the freedom penalty as the main penalty means.We should improve the status of various sanctions means such as fine penalty and qualification penalty,and realize the mitigation of penalty structure.The fourth chapter puts forward the legislative conception of "rigidity without severity" criminal policy of bribery crime from two aspects of strict criminal law net and reducing punishment severity.In order to modify the conviction mechanism of bribery crime,we should first adjust the basis of criminalization of bribery crime,advace the intervention time of criminal law,and criminalize the preparatory act of bribery.The strict criminal law net requires the crime of bribery and the crime of accepting bribes to adopt the equivalent conviction mechanism.The terms of the constitutive elements of the crime of bribery are too complicated,so its inclusiveness should be improved.The penalty structure of bribery crime should be adjusted.In the aspect of penalty range,as the opposite of crime of accepting bribes,the penalty range of bribery crime should not be higher than crime of accepting bribes;in the aspect of penalty types,the fine penalty and qualification penalty should be widely applied as the lighter penalty types,and set up the corruption consequence elimination and damage compensation system.