Challenges and Solutions in Addressing"Private-to-Public Bribery":with a Reflection on the Amendment Direction of the Supervision Law
Wit h ongoing reforms in the national supervision system,it is imperative that supervisory organs,as the designated agencies exercising state oversight,uphold the anti-corruption principles of zero blind spots,comprehensive reach,and zero tolerance to develop and refine a centralized and effective anti-corruption framework.Addressing the legal gaps concerning the accountability of individual citizens who offer bribes to public officials—a practice known as"private-to-public bribery"—must be progressively integrated into the purview and reform agenda of supervisory bodies.On one hand,there is a necessity to further refine and strengthen the investigative powers of the supervisory authorities,optimizing the investigative procedures for bribery offenses,with non-public official individuals involved in bribery,such as bribe-givers,to be subject to case-filing investigations with reference to the investigation procedures for officials being investigated.However,in principle,retention measures should not be taken against non-public officials who are suspected only of illegal acts but not crimes.On the other hand,it is crucial to expand the supervisory disposal power as needed.This should be achieved by adding,through laws or supervisory regulations,the power to impose supervisory penalties on bribe-givers who are not state employees.In addition to the reputational penalty for bribe-givers stipulated in Article 207 of the Implementing Regulations of the Supervisory Law of the People's Republic of China,fines and other property-related penalties should also be scientifically established,with clear rules on fines,in order to increase the economic cost of bribery and maximize the suppression of bribery offenses.
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