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Bribery Crime Legislative Flaw and Consummation

Author: MingHengChuan
Tutor: WangMin
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Accepting bribes Legislation Comparative analysis Legislative Defects Perfection of Legislation
CLC: D924.392
Type: Master's thesis
Year: 2011
Downloads: 131
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Abstract

At present, China is in a critical period of social transition, profound changes in the economic system, the social structure of a profound change in the pattern of interests profound adjustment, ideas, profound changes are the main features of the society of the transition period, the rules and norms of the missing and not accompanied improved. , The CPC Central Committee has attached great importance to the construction of honest administration, national law also growing crackdown of corruption, crime, corruption and bribery has made positive progress. However, the \This article using horizontal comparative analysis of methods, through the country and each of the major countries and regions as well as the International Convention on bribery crime provisions comparative analysis, in order to found of bribery crime legislation of the defect, and in the draw to absorb foreign bribery crime mature legislation the basis on Improvement of bribery crime superficial recommendations. The text is divided into five parts, about 37,000 words. First, the interpretation of the current legislation taking bribes. This section is divided into two parts, the first introduces the 1997 Criminal Code, the Criminal Law Amendment (f), the Criminal Law Amendment (g) relating to bribery crime legislation. The second part is mainly from the point of view constitute a crime of accepting bribes, the crime of bribery in China specific analysis. The object of the crime, the criminal law field a single object that said, I agree with a single object to say job behavior can not be bribed doctrine that its legislators created to reflect the purpose of accepting bribes and complex object. Main objective aspect of the crime, including the advantage of his position, the basic form of bribery, as well as for the benefit of others. Advantage of his position is refers to the use of their position within the powers of their duties and competent, accountable or contractor of a public affairs mandate and its convenience; basic form of bribery bribery to obtain bribes and accepting others ; seek benefits for others, \Procuratorate of judicial interpretation, bribes not to seek benefits for others, \The object of bribery, the Criminal Law of China clearly stipulates bribery object can only be \angle from the intention of the legislator, and the object of taking bribes should explain, thus deriving the property refers not only to the monetary and material, including \The main body of the existing criminal law on the crime of accepting bribes include: state organs engaged in public service national staff \\Subjective aspects of taking bribes \The punishment of the crime of accepting bribes, China's criminal law and not independent punishment provisions for accepting bribes, but cf punishment of the crime of corruption provisions. Second, the extraterritorial and Hong Kong areas of the criminal law on the crime of accepting bribes legislative visits. This section is set on charges of accepting bribes from the behavior of the object, the subject, as well as criminal liability five angles, the United States, Japan, Germany, Hong Kong, China, and the United Nations Convention against Corruption for taking bribes legislation were investigated. Its main show the following characteristics: (a) accepting bribes counts more slender, more rigorous criminal Roland Garros. (B) The general behavior of accepting bribes refined as \(C) the object of taking bribes epitaxial broad, general provisions for all material and non-material interests. (D) taking bribes main broad range, generally including civil servants, judges, arbitrators, and will want to become civil servants, judges, arbitrator. (E) the criminal responsibility of accepting bribes, Criminal Type detention punishment, criminal fine and confiscation of the proceeds of crime and deprived of civil rights and the universal abolition of the death penalty. Third, the Chinese and foreign bribery offense comparative analysis. Part by charges of taking bribes, the five parts of the behavior of accepting bribes, the scope of bribery, the main body of the crime of accepting bribes and taking bribes criminal responsibility of Chinese and foreign bribery crime horizontal comparative analysis, it can be seen by comparing: (a) The Charge, foreign countries and China's Hong Kong Criminal Charge scientific fine. In terms of guilt expressed, the civil law is mostly expressed in a concise, most of the Anglo-American legal systems of representation and try to be exhaustive. The other hand, of accepting bribes legislative representation is simple and rough, difficult to the Criminal Code applies. (B) the behavior of accepting bribes, foreign legislation \seek benefits as accepting bribes (extorted type of crime except) the constituent elements. (C) the scope of the bribery, the view from the world's major countries and regions, the legislation only to \property. \(D) the main body of the crime of accepting bribes, a broad range of foreign and Hong Kong the main body of the criminal law provisions of the Criminal Law on the crime of accepting bribes body maturing, but there is a gap from the requirements of the Convention. (E) of the criminal responsibility of accepting bribes, the legislation of the countries and regions have three obvious features that require separate penalty standards; Second, the abolition of the death penalty; little amount of the legislation as a sentencing benchmark. Fourth, the legislative defects of accepting bribes. Comparative analysis by the third part of the Chinese and foreign, of accepting bribes legislation there seven defects: (a) charges the system is not complete; (b) \wrong with accepting bribes necessary constituent elements; (d) bribery provisions \range needs to be improved; (g) of taking bribes sentencing system is imperfect. Legislative Perfection of accepting bribes. This section is the last of bribery crime legislation to improve and supplement to closely China's anti-bribery crime criminal Roland Garros. Proposed to amend Article 385 of the Criminal Code, paragraph (a); (b) proposes to amend the Criminal Code Article 386; (c) proposes to amend the first paragraph of Article 388 of the Criminal Code; (d ) recommended supplement \

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