The bribery crime is difficult to control because of the internal barriers formed by the collu-sion of interests. From the perspective of"Criminal law amendment (Ⅻ)",the legislative evolution,legisla-tive defects and judicial application predicament of the crime of offering bribes are sorted out,combined with the"United Nations Convention against Corruption",two ways to improve the crime of bribery stipulat-ed in China's current Criminal Law are proposed:first,to modify the briberyobject"property"to"improp-er benefits"inthe elements of the crime,expanding the way of offering bribes from"actual giving"to"offer-ing,promising and actual giving",detailing"improper interests";second,in terms of criminal liability,it should improve the application of fines and penalties,build a qualification penalty system,and limit the application of special derogations.
关键词
行贿罪/《刑法修正案(十二)》/受贿罪/不正当好处/资格刑
Key words
the crime of offering bribes/Criminal Law Amendment (Ⅻ)/the crime of accepting bribes/improper benefits/qualification penalty
万方数据