| As a crime committed by any state functionary who exploits his office to accept bribes intentionally, the bribery crime not only exerts a serious influence on normal activities of state organs and their functionaries but also spoils the government's image and its credibility, which pushes the bribery crime always to be the focus of combating corruption and building a clean government.A sound setup of bribery crime does well to convicting criminals, executing proper criminal punishments, which plays an important role in cracking down on the bribery crime, rehabilitating criminals and achieving the goal of penalty. Since the implementation of the Criminal Law of the People's Republic of China, the regulation of the penalty for the bribery crime plays an important role in fighting against the bribery crime and curbing corruption. However, with the development of the economy and society and the further reform and opening, there are more differences than before in the bribery amount, transaction form, trades related, participants, etc. Therefore, the restudy of its penalty becomes particularly important under the new circumstances.This thesis consists of three parts: Introduction, Main Body and Conclusion. The Main Body contains four chapters.Chapter I introduces the general regulations of the bribery crime in the new PRC criminal law, including its conditions and penalty, by the case of Jiang Renjie and Wu Hong mei. And then the thesis makes a brief analysis of the target of the bribery crime, the features of the current setup of penalty and the role who plays in cracking down on the bribery crime.Chapter II focuses on analysis of the problems existed in the penalty for the bribery crime, such as the amount, kinds of penalty and so on. And then it comes to demonstrate the necessity of improving the penalty for the bribery crime from the perspectives of achieving the goal of penalty, judicial practice, as well as catering to the international anti-corruption tendency.Chapter III quests for the reasonable regulations from the legislations of the bribery crime in the ancient China, contemporary Hong Kong and the United States, by comparative analysis.Chapter IV puts forward some proposals to improve the penalty for the bribery crime from improving the qualification penalty, pecuniary penalty, modifying the amount, restricting the criminal discretionary power and the applications of death penalty, with a view to benefit the fighting against the bribery crime. |
