| Bribery crime has always been a key area for the judicial organs in China to crack down on corruption crimes.Bribery crimes as bribery crimes have always been the focus of the theoretical and practical circles.At present,China is gradually intensifying its crackdown on bribery crimes in the judicial field.From the past,"heavy bribery and bribery" has gradually changed to "both bribery and bribery." The promulgation of the Criminal Law Amendment(IX)has made corresponding improvements to the provisions on bribery crimes in the legislation,and has imposed additional fines on bribery crimes,strict application of wide-ranging punishments,and expansion of criminal recognition scopes.In the case of accepting bribes,the revision of the statutory penalty was made,so that the irrational phenomenon that the first and second statutory sentences of bribery were higher than the crime of accepting bribes occurred.In addition,the restrictions on the issue of bribery from the affair is not conducive to giving full play to the role of the briber to expose and punish the crime of accepting bribes,and it has made it more difficult for the judicial authorities to investigate and collect evidence.Therefore,the author wants to analyze the current problems of legislation and judicial practice by analyzing the legislative evolution of the crime of bribery and the judicial status quo,and analyze the problems existing in the legislation and the judiciary.The problems existing in judicial practice put forward suggestions for improvement.The full text includes the following sections:The first part is to sort out the current situation and problems in the legislation and the administration of the crime of bribery.Firstly,the article expounds the legislative evolution of the crime of bribery,and probes into the problems that it faces in the process of legislation,and points out the specific problems in the legislation of the amendment of the Criminal Law(9)after the amendment.Then the article expounds the problems existing in the judicial practice of the crime of bribery,and lists the specific problems and the analysis of the crime of bribery in the judicial practice.Finally,the problems existing in the legislation and judicial practice of the crime of bribery are summarized,and the root cause of the problem is analyzed.The second part is the suggestions for improving the specific problems arising from the practice of bribery in judicial practice.Based on the current judicial practiceand legislation,the author puts forward corresponding suggestions for improvement in the understanding of the conviction standard of bribery crime and the sentencing of bribery crime.On the conviction standard,based on the current legal provisions and judicial interpretation,a new interpretation of "unfair benefits","for the sake of seeking" and "the scope of bribery".In terms of sentencing,it puts forward new thinking on the basic statutory penalty of bribery crimes,aggravated statutory punishment and statutory stipulations.The purpose of this paper is to discuss the disputes or problems faced by the crime of bribery in the judicial practice,and to formulate feasible strategies to deal with the judicial determination of the crime of bribery,so as to promote the realization of the effective governance of the crime of bribery.The third part is to put forward the relevant countermeasures to the legislative problems of bribery crime.The author focuses on perfecting the elements of the crime of bribery and the sentencing of the crime of bribery,among which,according to the constituent elements of the crime of bribery,the author puts forward three suggestions to perfect the elements of the constitution,that is,to "seek unfair benefits"."expand the way of bribery","expand the scope of bribery" to revise,and in the crime of bribery to further improve the sentencing of fine,construct a bribery crime of "special witness exemption" system,adjust the bribery crime of legal punishment three suggestions.The author hopes to improve the legal system for bribery crimes and establish a legal system that can effectively combat bribery crimes,truly combine crime and crime prevention,and reduce the occurrence of bribery. |
