On The Judicial Application And Legislative Perfection Of Bribery Crime

Since the 18 th national congress of the CPC,China has made remarkable achievements in punishing corruption crimes.The report to the 19 th national congress of the communist party of China(CPC)pointed out that the fight against corruption should be "severely curbed,strongly pressured and deterred for a long time".The spirit of the second,third and fourth plenary sessions of the 19 th CPC central committee stressed that comprehensive and strict party governance is always on the way.In recent years,China has insisted on "fighting both tigers and flies",but it has not achieved much in reducing the number,number and amount of corruption and bribery crimes.The masses have realized that the crime of bribery,the source of corruption,is needed to curb corruption.The louder the voice of increasing punishment for bribery crime is,the greater the punishment for bribery crime is.The criminal policy has changed from the traditional "emphasis on bribery and light bribery" to "equal punishment for bribery and bribery".However,through the analysis of the current situation of judicial punishment of bribery crime,the punishment intensity of bribery crime and bribery crime is far from equal.The increasing trend of bribery crime is the source of spreading social corruption and a direct infringement on the integrity and incorruptible legal interests of public officials.There are many problems in the punishment of bribery crime in practice.This paper analyzes the current situation of the judicial punishment of bribery crime,analyzes the reasons,and puts forward Suggestions to promote the realization of fairness and justice in each case.This paper adopts the way of combining judicial practice and theoretical analysis,and consists of four parts except the introduction and conclusion.In the introduction,this paper introduces the background and significance of the topic selection,as well as the research review in and out of the field,and also introduces the innovation,shortcomings,research ideas and research methods.The first part analyzes the current situation of judicial punishment of bribery crime.By comparing the punishment of bribery crime and the punishment of bribery crime by the judicial authorities of A province since 2015,this paper presents big data and makes A direct picture to get the dilemma of imbalanced punishment of bribery crime and the punishment ofbribery crime.Thirdly,from the open network of Chinese judgment documents,300 criminal judgments of bribery crime were extracted from the courts of A province,and the types of punishment and term of sentence of bribery crime were analyzed,so as to get the dilemma that the punishment of bribery crime is getting lighter and the punishment is arbitrary.Finally,through the analysis of song xiaolin’s bribery case,this paper points out the defects of the negative constitutive elements of "seeking illegitimate interests",which leads to the tolerance of the judicial organs towards the crime of bribery.The second part dialectically analyzes the causes of the dilemma of judicial punishment of bribery crime.First of all,it expounds the judicial practice and theoretical theory of the constitutive elements of "to seek illegitimate interests",and retains the limitation of the elements in judicial practice.Thirdly,through the analysis of the imbalance of legal punishment of bribery crime,it is concluded that the legal consequences borne by bribe-givers do not meet the practical needs of social development.Then,from the investigation analysis of the commission for discipline inspection and supervision,the investigation organ fails to pay attention to the recovery of illegal income,resulting in low illegal cost of bribery crime;Bribe-givers take the initiative to account for the crime,can get punishment above the remission,bribery crime crime easy;In the process of investigation,the measures are not in place,resulting in poor results.Finally,it is analyzed that the social reasons for the ineffective judicial punishment of bribery crime are the unaccountable psychology of the public,the weak rule of law,the inherent national conditions,and the phenomenon of judicial organs’ different judgments in the same case.The third part investigates the punishment of bribery crime in legislation and judicature by studying the typical countries of Anglo-American law system and continental law system outside the region,and makes reference to the fact that "to seek illegitimate interests" is not regarded as the constitutive elements,the due justice of fine punishment is really brought into play,and the legal regulation of both punishment and prevention,so as to form the resultant force of punishment of bribery crime.The fourth part puts forward some Suggestions to solve the ineffectiveness of judicial punishment of bribery crime: at the legislative level,cancel the constitutive elements of "to seek illegitimate interests",coordinate the statutory punishment of bribery crime and bribery crime,improve the fine punishment and increase the qualification punishment.At the judicial level,the criminal cost of bribe-giver is increased by recovering illegal income.Strictlyregulate the exemption and exemption rules of bribery crime and raise the threshold of crime;To improve the ability and means of investigation so as to crack down on bribery.In terms of addressing both symptoms and root causes,judicial organs have promoted the practice of "co-adjudication",intensified punishment,and effectively played the role of public opinion in crime prevention.Finally,in the epilogue summarizes the full text,many problems do exist in the current judicial punishment of bribery,but as long as the attention in the legislation,judicial positive response,criminal punishment and criminal prevention,combining can prompt the bribery crime in our country have slash,anti-corruption situation continues to improve,in order to make unremitting efforts for Hai Yan He Qing,lang lang.