Bribery Crime Present Punishment Situation And Research On Punishment Countermeasures

In this paper, the status quo of low investigation rates on bribery is analyzed based on the number of the punishment for the bribery criminals from procuratorial authority in recent three years and then the features and changes presented by the crime of bribery are summarized, such as increasingly widespread areas involved, diversified bribery methods, a long incubation period and bribe-taking people from bribee to the persons around bribee, in order to highlight the incompatibility between bribery investigation and changes in bribery characteristics which will provides empirical foundations for the possibility to solve the problem of bribery punishment.A wide gap between the requirements for punishment of bribery crime and the reality of bribery, e.g., few bribery cases especially unit crime cases are filed for investigation and prosecution, the form of evidence is meager and the penalty for the crime is light.In order to solve the dilemma in the punishment of bribery crime from the aspects of criminal policy and legal dimension, this paper firstly analyzes the social, economic and political factors that have impact on the criminal policy of the crime punishment. Secondly, it analyzes the legal reasons that influence the punishment of bribery crime, from the aspects of legislation and judicature, and then the factors that have negative effect on the punishment of crime can be concluded in the paper, such as the contradiction between the simple prescription of bribery and the diversity of bribery becomes increasingly prominent, the key element of illegitimate interest of the crime does not conform to its characteristics, the punishment for bribery crime is light, the pecuniary penalty is missing in the punishment, only cracking the crime can be the files of crime placed,which is the way to evade the law, light punishment on bribe can be agreed by to prosecutor make the crime exposed and verbal evidence is overused.Following the in-depth reflections on policy and legal factors that affect the punishment of bribery crime, the paper moves further to envisage countermeasures to handle such difficulties. On the one hand, the criminal policy concerning the punishment of bribery crime should be adjusted, for example, to adhere to more severe criminal policy, to combine the prevention and punishment together and to strengthen the international judicial and technical cooperation in the fight against the crime. One the other hand, the standardization of conviction and punishment of bribery crime should be improved, for example, to legislatively give a more comprehensive summary of bribing conducts, to abrogate the constituent elements of seeking illegitimate interest,to expand the bribery from "property" to "undue advantage", to add emotion investment to the category of bribery, to widen the application of property punishment, to enrich the qualification punishment and to improve the procedure concerning the recovery of illegal gains in bribery crime. Finally, the optimization of the legal action against bribery crime should be made from such aspects as the especial investigative measures for the bribery crime, the prosecutor right of plea-bargaining and the system of tainted witness.