The Judicial Dilemma Of The Crime Of Offering Bribes And Its Solutions

Among the large amount of crimes of position-related,the incidence of bribery has always been relatively high, to the state and society caused great harm, and thus has been the most widespread concern academia and society. Bribery, one of the major causes of job-related crimes, as, no doubt is an important issue to solve the current problem of corruption breeding. Since ancient times, from scratch through bribery, bribery penalties from the reference to its own specialized criminal responsibility of the journey; from the inside out, bribery provisions of international treaties between individual countries and regions already exist in common there are also differences, "its essence, to its dregs" is our concept in the treatment of primary legislation results and practical experience of other countries in the region should uphold. Today, more and more bribery exhibit characteristics different from the past, the number of murders, the number and the amount and scope of personnel involved have a tremendous change, more and more covert methods of crime, bribery involved fields are constantly broad-based.For a long time, however, due to the "re-light bribery bribery" concept-oriented role,the public did not form a natural psychological soil for zero tolerance of bribery, bribery also widespread lack of awareness of the dangers currently investigating bribery technology low deficiencies and other means of reasons, resulting in penalties for bribery are to be held criminally responsible proportion punishment to slightly less than the problem persists, one which not only impact the correct concept of "controlling corruption from the source", but also there condone bribery cases of multiple momentum is suspect."Criminal Law Amendment (ix)" 2015 timely promulgation of the bribery crime and punishment has made conditions more stringent, more detailed provisions on bribery to get rid of the current dilemma is punishable judicial pros and cons, interest in the fact that improving the conditions for the crime of bribery, surrendered strict special requirements, help to increase the overall bribery crackdown, deficiencies that could strengthen the degree of loyalty to the offer and bribery between people, not conducive to the "prisoner’s dilemma" formation, detection of the offense of bribery will bring new difficulty. In addition, for the "Criminal Law Amendment (ix)" in additional criminal fine, I think this is actually echoed my country, "the United Nations Convention against Corruption" to make, but also for the countries of the world regions to combat bribery draw useful experience, additional criminal fine in not only the principle of fairness and justice in the departure of bribery in the proper meaning, but also on the prevention of crime have an effect.In addition to the "Criminal Law Amendment (ix)" I want to talk about how to resolve the dilemma punished for bribery in our country are facing, trying to make some of their own shallow suggestions from various angles of legislation, judicature two aspects:legislation, I believe that should be the first task is to expand on the "property" of interpretation, enriching its content and expand its outreach, will be obtained through a number of competitive advantage, such as bribery, get promoted into the position and so on within the scope of bribery property, and We should not continue beyond the narrow confines includes only tangible property and property interests, which is quite conducive to practice combat bribery; secondly, should be closely China’s criminal law and administrative regulations convergence, close to the French criminal penalties for not meet bribery offenses with appropriate administrative penalty is simple social values in the proper meaning; to be good again, learn from advanced international experience and practices, strengthen international exchanges and cooperation between the rule of law should become the norm. Get rid of justice bribery recommendation on the plight of justice is mainly reflected in the recovery of illegal income, and strictly control the crime of bribery and bribery of a typical case of perfect guidance of these three areas. "Criminal Law Amendment (ix)" by increasing the chances.of bribery a crime, and to grasp the need for strict implementation of the judicial process. As regards the recovery of illegal gains, despite the "Criminal Law" Section 64 provisions, but overall is still fuzzy, it does not provide ways and means for the operation, will undoubtedly increase the difficulty of the administration of justice, and finally by reaffirming must guide a typical case of bribery We hope to attract enough attention to the role of enacting a typical case in the Supreme Court to give proper guidance when the bribery of some places, after all, this is reflected as one of bribery seriously.Hope in the near future, the most widespread bribery will be hit, and punish the crime of bribery to narrow the huge gap between the amount effectively alleviate "heavy light bribery bribery" phenomenon widely criticized. Through meticulous grasp of every detail bribery cases and cases of bribery made competing appropriately punished, in the long run, our crime rate is bound to usher in bribery greatly reduced, as is the whole comes Bribery Crime occurrence will be effectively curbed. The clear is also to society, so that everyone bathed in the warm sun warm socialism from each case have felt justice embodied in the socialist rule of law.