Fuzziness Of Chinese Anti-bribery Law And Its Judgment

The practice of anti-bribery struggle of China has turned out to be unsatisfying, which is primarily because of fuzziness of current anti-bribery law. That so-called fuzziness comes forth with such performance as the unspecific characteristics of requisites in constitution of this crime and the illegible skeleton of crucifixion regulation, and results in abuse of discretion, disorder of social evaluation and comedown of authority of law. We can find the springhead of the above predicament in those facts listed below: the authorities protects national interest without measure, conventional culture of human relationship and traditional officialdom still influences civics, and at the same time, the bane of bribery crime hasn't attract enough attention, we also haven't got sufficient cognition of the particularity which should be endued with the punishment for bribery.Accordingly, the author puts forward some suggestions. The first, we should draw lessons from the other nations and regions to further clarify the subject of bribery crime. The second, we should get rid of the item of "seek the benefits for the others" from current law, and take some related measures into our legal system, to tell the difference between gift and bribery through new lawmaking, to introduce regulation of constructive bribery into China, to standardize the office-holders' personal relations. The third, we should perfect the crucifixion regulation of bribery, which can be accomplished by felicitous establishment of statutory punishment and heighten the pertinence of accessory punishment.