On Perfection Of The Legislation Of Bribery In China

Criminal acts of corruption bribery as the most important one of the manifestations, with serious social harm. With the social development and progress, bribery in the judicial practice there are some new problems. Herein by reference to the foreign countries and Hong Kong, Macao and Taiwan regions relevant provisions of accepting bribes, using a combination of theoretical and practical analysis of criminal bribery perfect French, strict liability and how scientific and reasonable to the existing criminal law in the judicial bribery defects exist in practice study and propose improvement measures. Text of four chapters.The first chapter is on China’s domestic and Hong Kong, Macao, Taiwan and abroad on the definition of bribery and legislative evolution of the study.Chapter cited bribery in the judicial application of the problems caused by:bribery of non-property basis for criminal penalties for lack of criminal law;"for others to profit" as the element is not conducive to the fight against crime; taking bribes amounting to conviction and sentencing defective main criteria;"huge amount of property from unidentified sources," there is considerable controversy.The third chapter of our bribery provisions of the legislation requirements, the contents of such bribery, conviction and sentencing standards, as well as huge amounts of unknown origin identification and punishment with foreign laws, regulations and reference for comparative analysis.Chapter Ⅳ presents perfect flawed responses:the non-inclusion of property bribery Criminal penalties range; Cancel "for others to profit," the constituent elements; establish hazard-based, supplemented by the conviction and sentencing of the amount of the new standards, the addition of individual criminal fine; two steps on the huge amount of property from unidentified sources perfect vision.