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作者: fafa 来源: 未知 时间: 2016-01-01 阅读: 在线投稿
Abstract in the process of the historical process of China's 30 years of criminal punishment of bribery crime, for the need of the development of economy and the punishment of crime of bribery, bribery crime criminal legislation of our country is also in the continuous development and improvement, based on the analysis of development trend on the basis of the characteristic put forward some thinking.

论文关键词 贿赂 犯罪 立法完善
Keywords bribery crime legislation perfect

One, the meaning of the crime of bribery

For the crime of bribery and meaning, different points of view have a different interpretation. General from the traditional point of view, on the basis of "criminal law" in the provisions of the crime of bribery and bribery, to the company, the enterprise personnel's bribery and bribery, in addition to including such as transfers the work, Jin a bribe crime such as promotion of some non economic field, also includes the bribery crime areas of economic. At the same time, with the rapid economic and social development, in the case of multi field bribery crime is increasingly increasing continuously, its connotation from the traditional definition of separated and gradually formed its own characteristics, the single from the economic field angle, it mainly occurred in the economic activities in the field of bribery as the research object, the exclusion of bribes the non economic crimes in the field of.

The trend of the development of characteristic two, the crime of bribery

(a) the hot sector is relatively concentrated

With the transformation of the society development, for the concentrated economic and public power become the briber key offensive place, become the bribery crime in high incidence area. Such as public security, customs, traffic management, taxation, industry and commerce, land planning and other administrative law enforcement and judicial departments; directly control the planning, deployment and the power of examination and approval management department; and real estate, securities, futures and investment fields.

(two) bribery means endless


Nowadays criminal bribery pattern, and brains, if strangers, third people were sent to not receive money money; only do not collect objects; such as borrow festivals, weddings and funerals machine sent beyond the normal amount of lucky money, gifts; to pay dividends consultancy fees, service charges, fees and other nominal bribery act immediately after; not money or money not immediately after service; service until after leaving again received in-service; long-term right to use to send the housing and other durable goods; to provide free travel abroad; public exhibit thrift, privately wantonly money; a man in politics, the family business to buy stocks and bonds followed; transfer from the property right view of bribery; color transaction and so on, from the surface to reflect strong itself criminals self protection and anti investigation ability.

(three) the duty crime string case fossa case

The support for the completion of the bribee briber things, RBI in the duty range, thus forming a bribery benefit sharing network, which leads to string case fossa case form more, magnifico Nadali, small officer with a small profit, you get bad situation I have fish, also takes a department, a unit of work style.

(four) bribery behavior across the region

To avoid tracing, bribery crime sometimes show bribery locations in different cities, bribery, bribery income transfers are foreigners overseas or criminal fled after the outside, so that a case will involve a number of province, area, number of overseas, investigate and deal with difficult to make.

(five) the right money temptation cannot control

Money and power is advantageous means the briber is the pursuit of the goal, because of the great confusion of money power, makes the bribery objective itself is not limited to solve the problem, but to make money, buy the right to also become more and more obvious, which makes the primary or bribery development chance to bribe as continuous inevitable.

(six) Fair bribe phenomenon gradually

Along with the state-owned enterprises become the main body of market economy competition and enhance the development of local government leaders and economic achievements of consciousness, to achieve economic development performance of the rapid growth targets, some state - owned enterprises and local government and state agencies also began to join the ranks of bribery, the emergence of the "fair bribe" phenomenon.

Reflections on the three, bribery crime legislation, construction

Since 30 years of reform and opening up, China will have been the crime of bribery as one of the key blow content, also obtained apparent effect. Although countries continue to increase the punishment of bribery crime, but with some anti-corruption criminal legislation is more mature countries, compared to the region, there is still inconvenient operation, difficult to effectively punish individual types of crime, further consummates the legislation technology. In view of this, based on the analysis on the development of bribery crime must further improve the bribery crime legislation, more effectively punish such acts, and effectively curb this kind of crime, prevention.

(a) appropriate to expand the scope of the definition of bribery

National characteristics based on China native, will define the scope of bribery by the property extended to meet bribee all tangible and intangible unfair "property interests". Because in the Chinese such emphasis on traditional code of conduct and the reciprocity of the country, if the bribe to extend the definition to the non property interests will be fuzzy relation bribery and bribery of both sides, so also do not reflect the essential characteristics of trading power for money. Will the bribery range expanded to "property interest", can be convenient for the judicial operation, and not to indulge crime.

(two) to adjust the setting elements of bribery crime

A cancellation of passive bribery "to seek benefits for others" controversial elements set. Proposed a stipulated in the criminal law in 385th, "if knowing that others have specific please and accept money or property, the property benefit, as to seek benefits for others", by this definition to ensure commitment to national staff as trustees interests but not implemented or accepting property after as trustees to seek interests for the punishment of behavior. On the other hand, two is to cancel the bribery "to seek illegitimate interests for elements" in "unfair" limit. Suggest timely cancel the crime of offering bribes to seek illegitimate interests elements in "unfair" restrictions, can be considered to be illegitimate interests into a personal interests, in order to achieve the bribery behavior treatment relative equilibrium.

(three) additional foreign personnel bribery provisions

In the criminal law of our country and no provision of foreign public officials and officials of public international organizations offering and accepting bribes two crime. For bribery and bribery provisions need to be treated differently, for additional foreign personnel bribery provisions, which is conducive to international business activities, behavior norms of our citizens and legal persons and other organizations, and maintain the overall reputation of business in china. Can be related to bribery of foreign public, officials of international organizations will not make provisions, proposed foreign public, officials of international organizations involved in the bribery crime in the practice of jurisdiction in particular legal issues related personnel enjoy diplomatic privileges and immunities and other complex.

(four) added the influential transaction crime

In the crime of trading "influence" includes two types: the first kind is due to a certain position in the public service personnel relationship itself embodied the influence; the second kind is other influence has direct or indirect relation with public officials, such as the relation between relatives, friends etc.. "Influence" is not equal to "the job convenience" or "public service". Recommendations in the arrangement of specific provisions and related structure of expression, can be non national staff bribery, influence of two kinds of situations and is used as the "criminal law" article 388th, paragraph 389th of the second considered complementary distinction.

(five) the classification reference amount standard of conviction


Legal penalty for bribery in criminal law in our country is quoted of corruption crime legal punishment, from the point of legislation, the adjustment of the conviction and sentencing of simple according to the crime of corruption crime amount standard of this practice, we should establish the amount and plot two yuan in the standard. Bribery crime investigation is more difficult than the crime of corruption is much higher, its harm in addition to show on the national staff integrity violations, and social harmfulness is more serious. In addition, too accurate amount limit standard lead sentence space is too stiff problems, in particular to not to money measurement of non-material interests, suggested by examining the divisor extra pursuing illegitimate interests and other circumstances, to determine whether the comprehensive balance of crimes, so as to choose the sentencing.

(six) establish a scientific and reasonable punishment mechanism

On the one hand, the punishment of bribery crime system in China tend to show the world a few countries provided with the death penalty misdemeanours. The author thinks, to the containment of corruption phenomenon, the main core is not strict treatment after the incident, the risk and cost but to be punished as well as the size of the control before the relevant system. To recommend appropriate consideration to strictly limit the applicable conditions of bribery crime death penalty, until the conditions are ripe and then on the death penalty setting full cancellation. On the other hand, in the bribery crime in China additional punishment measures is relatively single, strength is relatively weak. Criminal law related fine type generally only stipulated the unit crime of bribery and is not applicable to the natural person crime. The crime of natural person only provides for confiscation of property, and only in serious cases can be applied. Suitable dynamics suggest further increase the punishment of bribery crime in the criminal fine, adding personal bribery, bribery provisions shall apply to the property punishment.

With China's reform and opening up and the gradual deepening of the continuous development of democratic politics, from the perspective of China's basic national conditions, multi-faceted, full view and multi dimension view of legislation of bribery crime in China, also want to continue to learn foreign experience, and take its essence, to further standardize and improve the bribery crime in China the criminal legislation.

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