Abstract In China more than 30 years of criminal law punishing bribery during the historical process, targeted at economic development and the need for punishment of bribery, bribery of Criminal relevant legislation is constantly evolving and improving, this paper analyzes developments based on the characteristics of Reflections.
Paper Keywords Bribery Legislation
First, the meaning of bribery
For the meaning of bribery, different angles have different interpretations. Generally from the traditional point of view, based on 'Criminal Law' provisions of bribery, bribery and for companies, corporate officers taking bribes and bribery, etc., in addition to including such mobilization, Jin-bit and some other non-economic areas of promotion of bribery, also includes some economic fields bribery offenses. Meanwhile, with the rapid economic and social development in many fields and bribery cases ever growing number of cases, under the definition of its meaning from the traditional isolated and gradually formed its own characteristics, from the economic point of view alone, it is mainly occurred in the areas of economic activity in the bribery affair as the research object, excluding the non-economic areas of bribery.
Second, the characteristics of the development trend of bribery
(A) hot sector is more concentrated with social transformation and development, for the economy and the public power became concentrated at key offensive briber place, becoming a high incidence of bribery. Such as police, customs, traffic management, tax, business, land use planning and other administrative law enforcement and the judiciary; direct control plan, deploy and approval rights management; well as real estate, securities, futures, investment and other fields.
(Two) means endless bribery bribery criminals nowadays full of tricks, and the brains, if a stranger, the presence of a third person does not receive delivery; does not only cost money to close objects; such as by holidays, weddings and marriage beyond the normal limits of the machine to send the gift money, gifts; consultancy fee of dividend, labor, consulting fees nominal bribe; work immediately after no money or money not immediately after the act; serving when leaving work until after closing; deliver housing, cars and other durable long-term use rights; offers free travel abroad, etc.; public places showing Thrift, private big money; a man in politics, the family followed the business; purchase stocks and bonds transfer the proceeds of bribery property line of sight; right color trading, etc., from surface itself reflects the criminals strong self-protection and anti-detection capabilities.
(Three) Chuanan Woan bribery crimes were entrusted to complete the briber things, in the upper and lower positions within the RBI, thus forming a bribery network of shared interests, which leads to more Chuanan Woan, forming a high official to take Italy, minor official to take a small profit, you have my fishing fishing a deplorable situation, but also led astray by a department, a unit of work style.
(Four) across the region to escape bribery tracing, sometimes showing bribery bribery place in a different city, bribery artificially abroad and transfer of proceeds of foreign bribery or fled abroad after the crime, so that a case will involve several provinces, the number of regions overseas, making the investigation more difficult.
(Five) can not control the money right lure of money and power that is favorable means briber is the objective pursued, the great confusion because the money right, making bribery an end in itself is not limited to the problem and making money, the purpose of the right to buy also increasingly evident, making the original once or accidental bribery bribery become inevitable continuous.
(Six) Public bribery phenomenon gradually showing state-owned enterprises as the main body of competition in a market economy and local government leaders to develop awareness of the economic achievements for the realization of the rapid growth of economic development performance objectives, a number of state-owned enterprises and even local governments and state agencies also began to join the ranks of the briber, a 'public bribe' phenomenon.
Third, build the perfect bribery legislation Reflections
30 years of reform and opening up, China has been the focus on combating bribery as one of the elements, but also achieved significant results. Although the state has increased efforts to punish bribery, but with some anti-corruption criminal legislation more mature countries, regions, there are still difficult to perform, difficult to effectively punish individual types of crime, to further improve the technology and other aspects of the legislation. In view of this, the development of the analysis on the basis of bribery must be further improved bribery legislation more effectively punish such behavior, so as to effectively curb and prevent such crimes from occurring.
(A) appropriate to expand the definition of bribery based on China's national conditions and local characteristics of the scope of the definition of bribery by the property extended to meet the man of all tangible and intangible bribes unfair 'property interests.' Because in China so much attention to ways of the world and the kingdom of reciprocity, if the bribe to extend the definition of non-property interests bribery and corruption are fuzzy relationship between the two, so there is no way reflect the essential characteristics of bartering. Extend the scope of bribery 'property interests' may facilitate judicial operation, and without indulgence crime.
(Two) elements on the one hand to adjust settings bribery cancel passive bribery in 'for the benefit of others,' the controversial elements of settings. Recommended that Article 385 of Criminal Law in an additional requirement, 'he knows the trust others have specific matters received their property, property interests, it is deemed to seek benefits for others,' through such a definition to ensure national staff as trustees seek benefits promised but not yet implemented or not after receiving property as trustees to seek benefits punish the behavior. On the other hand, the second is to abolish the crime of bribery 'to seek illegitimate interests,' the elements of 'unfair' restrictions. Recommend timely cancellation of bribery to seek illegitimate interests the elements of 'unfair' restrictions, can be considered improper benefits to individual interests, in order to achieve bribery, bribery deal with the relative balance.
(Three) additional foreign bribery provisions of the Criminal Law officers are not required to foreign public officials and officials of public international organizations, bribery and accepting bribes two crimes. Provisions for bribery and corruption need to distinguish, for the creation of foreign bribery provisions, which help to regulate our citizens, legal persons and other organizations conduct international business activities, but also to maintain our business overall reputation. Can a foreign public, officials of international organizations related to bribery temporarily provided for, proposes the creation of a foreign public, officials of international organizations involved in bribery in practice, especially related to the jurisdiction of diplomatic agents enjoy privileges and immunities and other complex legal issues.
(Four) added trading in influence offenses transaction sin 'influence' includes two types: the first is due to a certain relationship between the duties of a public officer in itself reflected the influence; second is with public officers Other direct or indirect relationship influence relationships such as relatives, friends and so on. 'Influence' is not equivalent to 'his office' or 'official.' Recommended that express specific provisions and arrangements related structures, can be considered to be non-national staff complement distinguish the influence of bribery and bribery and two cases, respectively, as 'Criminal Law' Article 388, Article 389 of the second paragraph.
(Five) classification standard reference amount convicted of criminal law is the legal punishment for bribery citing Corruption Crime, from the legislative point of view, adjust the conviction and sentencing of a simple reference to the amount of Corruption Crime standard practice, the amount should be established with the plot Binary breakdown criteria. Bribery investigation difficulty is much higher than the crime of corruption, the harm to the country in addition to showing the integrity of staff abuse, but more serious social harm. In addition, the exact amount is too limited to standard space is too stiff penalties cause problems, especially related to money can not be measured non-material benefits, it is recommended by the divisor additional investigation of improper benefits to pursue other circumstances, to determine the overall balance whether it constitutes a crime, and thus choose sentencing.
(Six) to establish a scientific and reasonable punishment mechanism on the one hand, China's penal system showed bribery few countries in the world to set a death-tion tendencies. The author believes that to curb the phenomenon of corruption, the main core point is not that strict Treatment After the incident, but the risk is to be punished with the size and cost of the system prior to the relevant control. Recommend appropriate to consider the death penalty for bribery strictly limited conditions, until the conditions are ripe for re-setting the death penalty abolished. On the other hand, the additional punishment of bribery measures other relatively simple, the intensity is relatively weak. Penal provisions related penalty type is generally only the unit bribery offense does not apply to natural persons. Confiscation of property crime only provides natural type, and can only be applied in serious cases. Recommends further increase in property crime criminal bribery applicable efforts, additional criminal fine individual bribery, bribery provisions shall apply to all criminal property.
With the gradual deepening of China's reform and opening up as well as the continuous development of democracy, from the country's basic national conditions, multi-faceted, full view, multi-dimensional way to view our bribery legislation, but also to continue to learn from foreign experience, its essence to further standardize and improve our bribery criminal legislation.