Comparative Research On Bribery Crime Legislation Between China And Laos

Bribery crime is a worldwide crime phenomenon.The use of criminal law to regulate bribery crimes is the top priority of the current anti-corruption struggles in various countries in the world,and is also an important issue in the area of modern criminal law.The Lao People's Democratic Republic is a small country located in the northern part of the Indochina Peninsula,which is one of the least developed countries in the world.From the geographical point of view,Laos is adjacent to China and borders China's Yunnan province and other southwestern areas.In the course of national historical development,Laos was deeply influenced by the Chinese civilization.Indeed,although both China and Laos have their own cultural systems and legal provisions in the practice of regulating bribery crimes,Laos has a unique and long historical and cultural background,under which its criminal law system is also unique.In view of this,this paper,based on the comparative study of bribery legislation between China and Laos,is divided into six parts,specifically.The introduction part mainly introduces the background of the topic,the purpose and significance of the research,the research content and methods,and the innovation points.Chapter one is an introduction to the legislation of bribery crime in China and Laos.First of all,this chapter makes a comparative analysis of the legislative evolution of bribery crime between China and Laos,and clarifies the object and scope of this study.Then it analyzes and compares the ways of bribery crime in criminal law between China and Laos,and points out the qualitative requirements of bribery crime in both countries.Chapter two,the legislative principles and system of bribery crime in China and Laos.This chapter elaborates the relevant criminal laws and regulations of China and Laos from the aspects of legislative principles,accusation system and articles of law of bribery crime,analyzes and compares the differences between the two countries,and points out that the legislative principles of bribery crime between China and Laos are the principles of relevant legislation carried out under the guidance of combating and preventing bribery crime.The third chapter is the comparison of the elements of bribery crime between China and Laos.This chapter compares and analyzes the contents and similarities and differences between China and Laos in terms of the elements of bribery crime.It studies and compares the subjective elements,objective elements and subject elements of bribery crime.Generally speaking,in terms of the three elements,China's norms are more specific and can cover more bribery crimes,while Laos' requirements are relatively simple and there is no In-depth analysis of the specific performance of cognitive factors and will factors.Chapter four,the comparison of the legal punishment and the legal circumstances of bribery crime between China and Laos.This chapter further analyzes and compares the specific legal provisions,focusing on the types of legal punishment,the legal weight provisions and the legal circumstances provisions,and interprets the legal provisions of bribery crime in China and Laos.In China,the discussion on the severity of punishment is more concise,while in Laos,the provisions on the severity of legal punishment are more complex,involving different categories of legal punishment and the degree of punishment.The fifth chapter is the comparison of the crime forms of bribery between China and Laos.This chapter mainly compares the recognition of unfinished forms of bribery crime,but the attempted crime of bribery has not been studied and discussed in depth in Laos,so we can only make a comparative study based on the attempted crime provisions of Laos criminal law combined with the basic behaviors and means of bribery crime.In addition,this chapter also analyzes the similarities and differences between the two countries in terms of the number of bribery crimes.Comparatively speaking,China's criminal law has specific requirements on the number of crimes of bribery and dereliction of duty,which need to meet the principle of comprehensive evaluation.Chapter six,the Enlightenment of China's bribery legislation to Laos.This chapter mainly analyzes the enlightenment that Laos can learn from all aspects of China's bribery legislation,including the clear range of legislation system,accusation system and criminal subject,the clear stipulation of objective characteristics,the diversity of penalty types and the effectiveness of legal circumstances.The summary part echoes the innovation of this paper,that is,through comparative study,this paper will amend and improve the advantages and disadvantages of the criminal law legislation of China and Laos,and find out the shortcomings of the criminal law of Laos,and strive to put forward suggestions for amendment and supplement to improve the existing problems in the current criminal law and judicial practice.Therefore,from the perspective of criminal law research,the author believes that based on the analysis of the facts and reasons of the four different groups of officials,defendants,victims and the people,we should make a punishment regulation balance for these four groups at the same time as the analysis of the setting model of the "sentencing punishment requirements for intentional crime" in this article.From the aspects of behavior and result,a summary of balanced punishment,according to behavior and punishment is proposed.At the same time,Laos should deal with the relationship between "law and fact","principle and suitability",and "form and method" to learn from China's legislative experience,and improve the direct and indirect means of special crime prevention and general crime prevention,etc..Since the balance between the prevention of intentional criminal behavior and the punishment of intentional criminal behavior is the “answer” that the author focuses on in criminal jurisprudence,so I hopes that one day will eventually achieve a balance between crime and punishment,in order to achieve true fairness and justice and finally arrive at criminal law research "Great End".