My Viewpoint On Consummating Legislation Against Bribery

Corruption is a kind of offence which is nowadays fought against by countries all over the world. It is also one of the most important problems of strengthening the Chinese Communist Party's holding power and constructing the law-ruled socialist country. This thesis carefully combines United Nations Convention against Corruption and the related rules of other countries, analyses and explores existing problems about bribery offence in our country's legislation, and puts forward my viewpoint on consummating legislation of bribery in China.Inspecting from the ultimate elements, accepting bribe cannot attribute to bribery. In fact, it is caused by the defect of the social system. The restraint to bribery by law can neither be estimated highly nor lowly. The highest punishment of accepting bribery in our country's current criminal law can be sentenced to death. It is rather severe punishment. However, the legislation of offence bribery still has many defects, presenting with the characteristic of severity yet not strictness. So many people accepting bribery can not be sentenced and punished. Merely raising the punishment can only keep law in embarrassing condition. Synthesizing other countries'experience and theory of implementing the punishment, severe but not strict structure of criminal law is a big waste of sources and the worst efficiency pattern of natural resources disposition. In my opinion , tightening the net of justice, blocking the leak of criminal law, increasing the trace capacity of accepting bribery would undoubtly give more free rein to the capacity of prohibition to decrease or even perish crimes. Consummating the net of criminal justice is more effective than strict punishment.China adapts the way of fixed quantity that causes many troubles in practice. The constitution"taking advantage of the position"and"seeking profit for others"made bribery crimes easily prevail and hardly be investigated. At the same time, legislation is vacancy towards bribing foreign public officials and international public-organization officials and the above two kind's officials accepting bribery. How to deem officials in grass-roots unit autonomy accepting bribe during they executive automatic affairs, how to deem our government officials taking advantage of their future post , accepting and asking for property , how to deem the conduct accepting bribery but not seeking profit for others , how to deem the scope of bribes will become big blocks in the process of establishing honest image in our law-ruled socialist country . So, reducing the distinction between our domestic law and UN Convention against Transnational Organized Crime and United Nations Convention against Corruption will be beneficial to punish bribery crimes , strengthen the criminal judicature cooperation with other countries .United Nations Convention against Corruption establishes that all the countries should fight against bribery crimes, perfect legislation against bribery through efficient international cooperation."Treaty must be obeyed"is a basic principle in international law. Consummating our country's legislation on bribery offence of foreign public officials and international public organizations'officials, using public officials in stead of the expression of executive officials, enlarging the scope of bribes , abolishing the constitution"seeking profit for others", changing the measurement of bribery offence which needs"taking advantage of the position"and"seeking profit for others", perfecting the accusation of bribery offence , should be the developing direction of our country's criminal law in the future. It is not only the obligation we must perform as a signatory to treaty, but also a kind of assimilation of other countries successful legislation experiences. Law must adapt the need of social life and practice, and criminal law isn't exceptional.