Rsearch On The System Of "Blacklist" Of Bribers

The bribe-giver blacklist system is a joint punishment system to regulate the bribe-giver crime.It originated in 2002,but in the process of its development,because it is considered to be beyond the scope of the functions of the procuratorate,the object and function of the regulation are restricted,and finally developed into the bribery crime file inquiry system.Although the predecessor of the bribery crime file inquiry system is the bribe-giver blacklist system,the two are different in four aspects:the system function,the focus of the attack,the scope of the object of regulation and the disciplinary measures.It is necessary to explore the bribe-giver blacklist system because the inquiry system of bribery crime files cannot realize the function of bribe-giver blacklist.The bribe-giver blacklist system is the requirement of breaking the bureau of "not only offering bribes,but also accepting bribes",the requirement of criminal policy of "attaching equal importance to bribery and bribery" and the requirement of the transformation from punishment to prevention in advance after the function of criminal law is engaged.The author uses the analytical method of law and economics to make an empirical analysis of bribery cases,in which the rational man hypothesis and cost-benefit analysis method are used to compare and analyze the criminal cost and benefit of bribery before and after the implementation of the bribe-giver blacklist system.It is concluded that the implementation of the bribe-giver blacklist system increases the criminal cost of bribery and decreases the profits of bribery.Compared with the current bribery governance system,this system has a stronger deterrent effect on the perpetrators of bribery and can effectively prevent the crime of bribery.The bribe-taker blacklist system is a joint punishment system,and its preventive effect on the bribery crime is mainly reflected in the following three aspects: market access ban restricting the bribe-taker from entering the relevant market again,destroying the interest chain of "round up and hunt",curbing the possibility of crime,improving the punishment of bribery,and deterring potential criminals.The bribe-giver blacklist system has a remarkable effect on curbing the bribery crime,but the system has been in the "bud" state and has not been implemented smoothly : By combing the development history of this system,it is found that the system has not been implemented smoothly because there is no legal standard based on it and the existence of similar system bribery crime file inquiry system,the lack of total legal talents and some talents professional quality is not high,information sharing and timely communication technology limitations of four aspects.Now the conditions in all aspects are ripe,we can promote the establishment of the system,realize the source of bribery governance,and break the dilemma of "bribery will not stop,bribery will not stop".According to the reasons why the bribery blacklist system is not implemented smoothly,the following suggestions are put forward to improve it.First,relevant laws should be established to provide legal support for the bribe-giver blacklist system,in which attention should be paid to clarifying the Party’s leading subject status,clarifying the object of punishment,measures,implementation methods and clarifying the rights and responsibilities of all parties.Second,it is necessary to strengthen the transfer of adaptive talents and improve the training mechanism.The third is to establish a nationwide bribe-giver blacklist information sharing platform Fourth,do a good job of multi-party linkage work,to achieve a complete blockade of bribery.Fifth,the blacklist entry and exit mechanism.We will establish a blacklist system for bribers and improve the bribery management system so that bribers do not want to pay bribes,dare not to pay bribes and cannot pay bribes.