On The Insufficiency And Improvement Of Criminal Legislation Of Anti-bribery Crime In China

Our country is in the period of social transformation, in the process of transition, the old and the new legal system exist system vulnerabilities in the convergence process. In the social development process, has caught the material civilization and the economic construction of a hard, grasp the spiritual civilization and the anti-corruption struggle on one-sided tendency, etc.. These factors, provides the stage for bribery and other corruption activities. On the one hand is the existence of corruption soil, one is the struggle against bribery crime is increasing continuously, the expansion and interaction inhibition ability of bribery, many new changes have taken place in the form of performance, there are many new features. Bribery crime is the direct harm to the state machine clean and fair operation, has always been the governments focus on the object, but the process of criminal legislation against bribery is different. Chinese government attaches great importance to combating bribery and corruption crimes in criminal legislation, establish and improve the socialist legal system but corruption is a long and arduous process.This paper attempts to based on the analysis in the social transition period situation and forms of bribery crime in China, on China’s "criminal law" and "criminal law" and other problems of current legal system clean, and put forward the conception of perfecting the legislation on how to improve our criminal anti bribery law system. First of all, focus on the analysis of the characteristics and forms of the present period of bribery crime in China, analyze the reasons and essence, thereby extending the paper. Secondly, the status quo and forms of bribery crime from the entity based on norms and procedures, norms pointed out that China’s current legal shortcomings of the punishment of the crime of bribery in. Thirdly, in view of the existing problems of legislation of anti bribery crime in our country, concrete ideas and suggestions are put forward to reform and perfect our present "criminal law" and "Criminal Procedure Law" relating to the crime of bribery in the criminal law on the provisions, to further strengthen the pertinence and effectiveness of the struggle against the crime of bribery.The law is to punish bribery crime with the crime of corruption and the increase of depth, the main problem to be solved in this paper is about the anti bribery criminal legislation perfection problem, through analysis on the characteristics of the crime of corruption and its trend of development, starting from the shortcomings of our current legal provisions, combined with the our country’s legislation and judicial practice background, make full use of the relevant provisions in other countries, for our country criminal bribery crime to amend the proposed legislation, the criminal law Chinese anti bribery crime can continue to absorb the common correlation civilization achievement of human society, and gradually with the international society is comprehensive and rational standards, so as to promote the development of the China anti-corruption legal business, and the development of international anti-corruption criminal law to make its due contribution.