Perfection Of Legal Punishment Of Bribery Crime

To punish the crime of corruption bribery is the key construction, reasonable construction of the punishment to the crime of bribery has important significance on preventing and punishing the crime of corruption. But China’s current legal punishment of the bribery crime legal punishment and corruption to take the same approach, causes a lot of problems in life penalty, freedom penalty, property penalty, qualification penalty contents and so on, obviously can not meet the current needs of economic and social situation and judicial work. In the academic circles of the problem did not agree. Therefore, this article on the basis of the advanced practice of legal punishment of bribery crime at all times and in all countries, with China’s judicial practice, to explore the legal punishment of bribery crime from life penalty, freedom penalty, property penalty point of view and to be perfect. The full text is divided into the following sections:The first part of the evolution and characteristics about give punishment to the crime of bribery in ancient China, during the period of democratic revolution after the founding of new China, summarized, and with the present criminal law contrast, summarizes the similarities and differences between the ancient and modern.The second part with the current judicial practice, there are summary punishment to the crime of bribery provisions of the problems, these problems include whether the death penalty should be abolished bribery crime and how to develop alternative measures, take the amount as the bribery crime conviction and sentencing standards are reasonable, with five thousand yuan as the starting point of the bribery crime, whether to meet the need of the current economic development situation of how to deal with the amount of crime and the circumstances of the crime, the relationship between freedom penalty grade and amplitude repeated how to solve the problem, the crime of accepting bribes in the property penalty of fine penalty and the penalty of confiscation of property how to choose suitable, how to add the qualification penalty in the legal punishment of bribery crime.In the third part of the typical countries and regions as representative, the legal punishment of the bribery provisions to be explained, comparison and draw lessons from the reasonable elements and analyzed. For example American bribery on the property punishment rarely apply the penalty of confiscation of property, Germany for different official status in the legal punishment of bribery crime is different legal punishment, these practices on China’s current legal punishment of the bribery crime is the possibility of improvement. In the fourth part of our existing legal punishment of the bribery crime problem, referring to the domestic and foreign bribery provisions of criminal law in a reasonable approach, to be perfected in the following ways:one is proposed for abolition; two is the establishment of cohesion and orderly, grades reasonable freedom punishment; three is to add fine punishment and restriction on the application of the penalty of confiscation of property the four is to improve the qualification penalty contents.