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44 Hitotsubashi J.L. & Pol. 1 (2016)

handle is hein.journals/hbijllw44 and id is 1 raw text is: Hitotsubashi Journal of Law and Politics 44 (2016), pp.1-17. C Hitotsubashi University THE REASONS FOR CHINA TO SENTENCE SOME BRIBERY OFFENDERS TO DEATH* - FROM AN INTERNATIONAL COMPARATIVE PERSPECTIVE - WANG YUNHAI Introduction Recently in China, the death penalty has been employed against some public officials just for bribe-receiving offences. The Chinese Penal Code (Articles 383 and 385) prescribes that a bribe-receiving offender can be sentenced to death when the amount of bribe received reaches especially large sums and causes especially serious damage to the state and the people. In fact, Chinese courts have sentenced some public officials to death just for bribe-receiving and some of them have actually been executed. It is very rare and unusual to sentence public officials to death and actually execute them just for bribe-receiving in today's world. Why does China sentence some public officials to death and actually execute them just for bribe- receiving? This paper will try to answer this question by comparing the contents of bribery offence laws, especially the so-called protected benefits or purposes of bribery offence laws in the U.S.A., Japan, and China. I. What is a Bribery Offence or Corruption Offence? 1. The Emergence of Bribery or Corruption as a Word In the East, for example, in ancient China, there were no special words like bribery or corruption for a very long time. The word bribery first appeared in a book entitled Zuoshi Chunqiu Zhuan, which is supposed to have been written in about 500 B.C., and was used to express the act of giving money or something else to public state officials or public military members, or the act of receiving money or something else by public state officials or public military members beside their formal salary.' In the West, including ancient Greece and ancient Rome, there was no word like bribery or corruption until Cicero, a famous Roman orator, began to use a word corrupere in about 70 B.C. to express the act of paying money or something else to judges, or judges' receiving money or something else beside their formal salary.2 *This paper is one part of the results of CASE STUDY ON THE REFORM OF DEATH PENALTY IN CHINA (Basic Study C, funded by Japan Society for Promotion of Science, conducted by the author from 2015 to 2017). * *Professor at Hitotsubashi University, Japan Wang Yunhai, Bribery and its Regulation: a comparative study of China, the United States and Japan (Tokyo: Nihonhyouronsha, 1998), p.4.

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