The Inquiry System Of Bribery Crime Archives And Its Improvement

The Inquiry System of Bribery Crime Archives is a pioneering work to prevent bribery in China,which is conducive to the establishment of a fair and equitable social order.At the same time,the prevention and strike of bribery crime can curb the source of corruption to a large extent,creating a positive political environment.Although the Inquiry System of Bribery Crime Archives has been running for nearly 15 years and has been becoming continuous maturity and perfection in the collision with the practice,there are still some problems that hinder the realization of the system effect to varying degrees.Therefore,the literature research method,the investigation method and the contrast method are used in this paper,and taking a clue of "finding problems-analyzing problems-solving problems",starting with the problems in the current operation of the Inquiry System of Bribery Crime Archives,and analyzes the essence of the problems and reasons leading to,then integrate and evaluate the existing theory and viewpoints,on which basis,put forward the ideas of improving the system.By collating the legal documents about the Inquiry System of Bribery Crime Archives,the history,the framework and content of the system are sorted out.Then,the actual operation situation of the system is informed through the field visit to People's Procuratorate of Weihai,Shandong Province,and the telephone investigation of People's Procuratorate of Tianning,Changzhou,Jiangsu Province.The investigation found that there are four main problems in the system operation:Firstly,on the issue of information entry,information about bribery action is entered arbitrarily and information about the foreign bribery is absent;Secondly,the uniform inquiry period of ten-year set up in the system is in conflict with the existing laws and regulations;Thirdly,coercion is absent in the links of inquiry and the follow-up disposal;Fourthly,behaviors that avoid the inquiry still make a negative impact on the operation of the system.All of above,higher requirements on the design of the system is put forward,and owing to uniform corresponding norms haven't formed,implementation of standards vary in different districts.After confirming the four main problems above,reasons for the above four problems are analyzed:The entry and inquiry of the bribery action information has always been controversial,and the position of the system that simply enter the information of bribery action but not provide external inquiry services,both resulting in the slack of the entry work of the procuratorate and arbitrariness of the entry of bribery action information;The weak attitude toward the international bribery and lacking of international cooperation mechanism inseparably lead to the absent of foreign bribery information;It is "one size fits all",excessively long and out of line with the existing legal system that make the unified ten-year inquiry period be criticized;The fact that coercion is absent in the links of inquiry and follow-up disposal roots in lacking of corresponding coordination and supporting mechanisms and the minor right of the system itself;What brings about the often behaviors of avoiding inquiry is the limitation and loopholes of the system.In addition,the connotation and essence of the Inquiry System of Bribery Crime Archives is mined by combining it with the theory of criminal law.Hereinto,the bribery information in the archives is identified as dual attributes-both public information and personal privacy;and the design of inquiry period is beneficial to the protection of the briber 's privacy and the correction of the briber;In addition,the application of inquiry results is essentially a kind of qualification penalty,which is based on the criminal law theory of deprivation or limit the ability to recidivate to achieve special prevention.Moreover,the countermeasures of perfecting the Inquiry System of Bribery Crime Archives in the current academic circles are summed up and analyzed further from the aspects of legitimacy,rationality and feasibility.On the basis of the analysis of the reasons in the second part,and benefiting from inspiration and reference from the evaluation of previous countermeasures,ideas of perfecting the system are put forward:On the issue of the information entry,positive attitude is held on the entry of the information about bribery action,and considering the value target of the system,the essential attributes and the social hazard of bribery crime of non-official servant,it is suggested that information about bribery crime of non-official servant should be added into the archives;To ensure the entry of foreign bribery information,strict sanctions on foreign bribery and the establishment of international exchange and cooperation mechanism is indispensable;Conditionally,channel of querying the information of bribery action should be gradually opened.On the issue of inquiry period,learning from the practice of foreign criminal record system,a ladder-type period is proposed to establish,supplemented with a docking period for special cases.On the issue of the mandatory of inquiry,in order to enhance the recognition and binding of the system,self-repair internally and seeking for cooperation externally are simultaneously needed.On the issue of preventing the behaviors which avoid the inquiry,the border of the system must be adhered,basing on which,it is civil and administrative liability outside the system that should play the primary role in preventing the behavior of borrowing qualification,and inquiry can be a must procedure in applying for registering a new company as a countermeasure to the behavior of re-register.Continuing putting forward measures to improve the Inquiry System of Bribery Crime Archives on the basis of the previous theoretical achievements,so that it is better for the system to provide information reference for the legal system which qualify the briber,so as to truly realizing the value of preventing bribery crime,forming a deterrent effect in the community at the same time,and creating a fair competition atmosphere on the market and social,which is the purpose of this paper.