Research On Property Punishment To Commercial Bribery

In this paper, read through the world of commercial property, torture and bribery to set the legislative, judicial practice in commercial bribery cases the application of criminal property and for the implementation of the perspective of how the level of substantive law and procedural law to further regulate the level of punishment applicable to property and to start implementation of the Related to study and make a number of measures to improve the legislation. The paper is divided into four parts:First, commercial property and bribery sentence overview of the legislation, as well as on China's major state commercial bribery Two Legal property crime punishment to the latest interpretation of legislation, the provisions on foreign property in the application of the sentence, means the amount of discretion, the implementation of alternative punishment, such as short-term free Respect to China, hoping to draw some.Second, commercial bribery crimes Analysis of the pros and cons of criminal property, through our existing property punishment debate the pros and cons of the Analysis and Evaluation, is intended that analysis of the two should be weighed against the advantages and disadvantages, the advantages outweigh the disadvantages criminal property, not a "substitute fines for punishment" And expand the scope of application of property, criminal penalty is one of the world's development inevitable trend.Third, commercial property, criminal justice and bribery applicable in China within the framework of the existing legal system, through the property in the criminal justice practice in the application of the principles, scope, the amount of discretion, can reduce the punishment, whether the retroactive effect, and so on Expounded China's reflection on the lack of legislation, from the level of substantive law and putting forth a proposal to improve.Fourth, commercial bribery crimes of the implementation of criminal property, criminal property for the implementation of the current situation, pointing out that the main problems raised procedural law aspects of the proposed legislation to improve.In short, it is necessary to give full play to the effectiveness of criminal property, should be absorbed in the foreign assets of commercial bribery crimes as sophisticated criminal practice and experience, combined with China's actual situation of Criminal Justice, set up in line with the national conditions of China's commercial bribery system of criminal property, at the same time strive to resolve Property of the implementation of the difficult issue of punishment in order to raise the property as a criminal penalty of mandatory measures prestige, and better play its punishment, containment, the prevention of commercial bribery crimes.