Discussion On The Perfection Of Bribe Criminal Object

In recent years, means the form of bribery increasingly diverse, complex. The scope of re-positioning of bribery against a variety of new methods is necessary to bribe. Foreign scholars have pointed out:"bribery is a malignant tumor within the third world countries, the country unable to enforce its own laws and regulations, reform of the law even if difficult to implement adopted."So to increase the punishment for bribery related to the success of chinese reform and opening up, the development of social and economic livelihood. Chapterâ…§provides for the existing criminal law of corruption and bribery. However, the effectiveness of all aspects was not significant, there are many reasons, one of chinese criminal law provisions of the scope of bribery is too narrow and the penalty set a "total stolen goods conviction" unreasonable model is the more important aspects. This article is divided into three parts on the above aspects of the scope of bribery in the corruption research and put forward their views plain.The first part outlines the scope of bribery, corruption, bribery; brief the scope of the relevant domestic legislation in order to improve the provision of legislative and judicial comparative advantage. Although foreign legal systems and our legal system has obvious differences, but by introducing the typical common law and civil law countries the relevant provisions of the theoretical study for the development of a more broad perspective. The second part of the probability from the point of view should be the scope of bribery.Although the objective clear, easy to operate, but the evaluation factors in a single, inevitably lead to the French Open too careless, rampant job-related crimes will follow. This part of the nature of bribery to start extraction from the illegitimate interests of the content, and then appeared on several of practice, often used as bribes in the form of detail, such as gift-giving culture, "sexual bribery." Then the scope of unfair advantage of interest analysis as a bribe, that the scope of the improper benefit as a bribe to curb bribery outside the property interests of great help, and successfully with the international conventions and domestic laws in harmony, is in line with our "leniency" criminal policy. Finally, the third part of the Improvement of the Real bribery of ideas from the legislative model and punishment system as described in two parts, the legislature does not stand alone mode the creation of new offenses, but to modify the existing criminal law provisions to expand the scope of bribery for the improper benefit; the advocated the abolition of the penalty system "account handling stolen goods conviction," the conviction and sentencing patterns, crime of aggravated bribery conviction and sentencing in the status of the property crime of bribery to promote sound and qualified criminal system. Several steps complement each other, can be neglected, the only way to truly improve our country to contribute to bribery.