The Strategic Choice of Criminal Legislation of Antibribery in the Transition Countries - Comparison of Criminal Legislations of Bribery between China and Hungary and Reference for China

Abstract

Both China and Hungary are in the course of economic transition and have the characteristics of commonality and comparability in corruption. Under the framework of the fundamental policy of cracking down the crime of corruption, the criminal legislations of antibribery display many differences between China and Hungary, which reflects the different ideas of antibribery in criminal law. Unlike the aggressive strategy with expanding the criminal legislation to the front preventive area of anticorruption adopted by Hungary, the criminal legislation of anticorruption in China is still guided by the traditional defensive strategy with limited the criminal law in the back end area of anticorruption, which leads to the environmental and systematic corruption caused by inadequate capacity of criminal legislation. For all this, the positive idea of anticorruption should be introduced to China and the aggressive strategy of criminal legislation should be established according to the experience of Hungary, which would be a direction for further improving the criminal legislation system of antibribery in China.