Research On The Criminal System Of Corruption And Bribery In China

The reasonableness and perfection of the criminal system of corruption and bribery crimes are related to the country’s image of the rule of law,social harmony and stability,and the level of anti-corruption punishment.Criminal legislation and interpretation of criminal law When setting standards for conviction and punishment of corruption and bribery crimes,it should be based on the basic theory of criminal law,adhere to the legislative concept of the humility of criminal law,and realize the goal of penalty penalty and criminal punishment.As the target of criminal punishment in the rule of law,Criminal Law Amendment IX and the 2016 relevant judicial interpret issued by Supreme People’s Court and Supreme People’s Procuratorate,did not completely solve the defects of the corruption and bribery legislation.And the new system rules has caused many disputes in the academic community.Therefore,it is still necessary to study the criminal system of corruption and bribery.Through the analysis of the historical development of the criminal system of corruption and bribery crimes and the comparative study of extraterritorial related systems,combined with the current judicial practice of punishing corruption crimes in China,starting from the two dimensions of “conviction” and “sentencing”,I explore the existence of the criminal system of corruption and bribery in China.In terms of conviction,the narrow range of bribery for bribery crimes is difficult to solve the corruption crimes caused by the diversification of new forms of bribery and recessiveness;the requirements of bribery offences for “seeking benefits for others” make it difficult to achieve the penalty goals that are appropriate for crimes and punishments.In terms of sentencing,corruption offences and bribery crimes have obvious differences in crimes.The application of the same sentencing standards cannot reflect the scientific nature of legislation;the leniency violations of corruption and bribery crimes have been improperly expanded,contradicting the principle of a legally prescribed punishment for crimes,and are not conducive to the implementation of "treaty and strictness" criminal policy;the retention of the death penalty system does not meet the requirements of the concept of modesty of the criminal law,and is not conducive to the international judicial activities of China’s anti-corruption overseas pursuit.The problems existing in the current criminal system cannot be shelved because ofinconvenient judicial operations.If they are not resolved,it will certainly affect the effectiveness of China’s anti-corruption work.The criminal system should be improved through rigorous legislation: expand the scope of bribery for bribery offences;eliminate the provisions on profit taking for bribery crimes;separate and refine the sentencing standards for corruption and bribery crimes;rationally determine the system of leniency punishment for corruption and bribery crimes;The death penalty for corruption and bribery crimes applies,and the death penalty for such crimes is abolished in due course.