中日刑法受贿罪比较及启示.pdfVIP

Open Journal of Legal Science 法学, 2017, 5(3), 67-74 Published Online July 2017 in Hans. /journal/ojls /10.12677/ojls.2017.53009 Comparison and Enlightenment of Bribery Crime between China and Japan Yana Liu, Wenbo Xu Institute of Political Science and Law, Northeast Normal University, Changchun Jilin st th th Received: May 21 , 2017; accepted: Jun. 5 , 2017; published: Jun. 8 , 2017 Abstract Compared with the Japanese criminal law, China’s criminal bribery legislation is relatively stable. Looking from the provisions of the criminal law, crime number and the complement of the related content, the provisions of the criminal law on bribery in China are a bit rough. To China’s regulations on the behavior of the criminal law on bribery, only “bribery” type, to the main body of the scope of bribery, subject of bribery, bribery behavior, bribery subject serving time, degree of violation of the quilt, is all the provisions of the lack of to be fine, going against the relevant behavior of the criminal law. The Japanese criminal law has set a simple bribery, bribery and bribery, such as aggravated en- trust, composite charges, and the scope of bribery includes intangible objects, and the way of bribery includes accepting bribes, or meeting the demand, and the future implementation of the criminal bribery crime, bribery position can also be constructed to punish the maximum statutory penalty of 7 years of service, having certain reference significance to further improve China criminal law. Keywords Bribery Crime, Subject of Crime, Bribery, Function 中日刑法受贿罪比较及启示 刘亚娜，徐文波 东北师范大学政法学院，吉林 长春 收稿日期：2017年5月21 日；录用日期：2017年6月5 日；发布日期：2017年6月8 日 摘 要 同日本刑法相比, 中国刑法受贿罪的立法相对稳定。从