Study On The Special Punishment Of Bribery Crime

The emphasis on rule by law,promoting progress of democracy and rule by law,and enhancing national staffs' anti-corruption ability since the 18 thNational People's Congress definitely requires judiciary organizations to firmly object to corruption and reinforce punishment of bribery offence.The strong stance against bribery offence contributes to promoting the smooth implementation of combating corruption as well as upholding integrity so as to convoy various social aspects.Under such severe situation,it is necessary to research theories related to bribery offence to deepen understanding of relevant laws.The studies of special punishment provisions of bribery offence among theoretical researches on bribery offence are few,which remain to be improved.By means of researching crime of offering bribes and bribery offence,this paper aims to clearly explore the special punishment provisions of bribery offence.The author strives to discover the exception of bribery offence provisions through the comparative analysis of bribery offence in specific provisions,crime of introducing bribes,and voluntary surrender,confession and contribution system in general provisions.The analysis is carried out from the following three aspects.Firstly is the time condition of special punishment provisions,which compares crime of offering bribes with “before being prosecuted” in crime of introducing bribes,and time of voluntary surrender,confession and contribution.It is deemed that,“before being prosecuted” accords with the time of voluntary surrender,but not complies with the time of confession and contribution.In the second aspect are the substantial limiters of special punishment provisions.It firstly elaborates active explanation with considering that,the attitude of explanation carries automaticity and content contains trueness.Later,the relationship between active explanation with general voluntary surrender and confession discussed,which believes that,active explanation accords with the requirements of general voluntary surrender,while is obviously different from confession.The third aspect is special punishment principle.The specificprovisions of criminal law sets special punishment principle for bribery offence and crime of introducing bribes,where special punishment principle contains general provisions and special provisions;all these provisions have their corresponding reasons and significance.