Corruption, Criminal Law, and China: Offering and Accepting Bribes
Corruption, Criminal Law, and China: Offering and Accepting Bribes
In-person event
The XII Amendment to Criminal Law of P.R.C adopted by the Standing Committee of People’s Congress on 29 December 2023 is guided by two principles. One is to enhance protection for private enterprises and the other is to punish offering bribes and accepting bribes equally. The reason that accepting bribes, which has been punished ever since the foundation of P.R.C, is stressed now is of course the serious situation of bribery. Meanwhile, although the logic behind this is acceptable, whether legislative purpose can be realized to a high degree depends on judicial efforts.
Judging from typical cases and relative statistics, I believe four principles should be observed in terms of criminal law. In the first place, different approaches should be taken to deal with offering bribes committed by organizations and individuals. Compliance model might be a choice. Secondly, crime and civil or administrative violation should be carefully differentiated to prevent criminal punishments from leading to undue harms. Thirdly, the question whether public authorities can be charged with offering or accepting bribes should be answered in specific context. Finally, more flexible systems, such as disqualification and corporate probation, should be considered.
Speaker
Professor Zhenjie Zhou, Vice Dean, Beijing Normal University School of Law, China
Zhenjie Zhou, Professor and Doctor of Law. He is now vice Dean of Beijing Normal University College for Criminal Law Science He obtained his Doctor degree at the Law Institute of Chinese Academy of Social Sciences, and then worked at Waseda Institute for Advanced Sciences (Japan) for three years. He was visiting fellows at several internationally renowned academic institutions such as the Center for Criminology at Oxford University (UK) and Australia Research Center for Excellences at Griffith University (Australia). His academic achievements in many fields, including fundamental principles of criminal law, corporate crime and history of criminal law, can be seen in books and articles he has published in Chinese, English and Japanese, awards from authoritative organizations such as Chinese Academy of Social Sciences and Chinese Law Society and research funds supported by high level organizations such as EU and National Foundation of Stoical Sciences of China.
Commentators
Peili Ying, Professor at the Criminal Law School of East China University of Political Science and Law, he serves as the Vice President of the Chinese Society of Criminology, President of the Shanghai Society of Criminology, and President of the Social Governance Research Society of the Shanghai Law Society. His main research focus is criminology, and he has undertaken several research projects funded by the Supreme People’s Procuratorate and the Ministry of Education. Pei Li has published over 10 academic papers and authored three monographs.
Judy Zhou is a Consulting Solicitor of Taylor Rose Australia with dual-qualifications in both Australia and China who has a practice focus of financial and white-collar crime, proceeds of crime litigation, investigations and dispute resolution, and legal advisory concerning AML/CTF and corporate compliance. Judy is also an ACAMS certified Anti-Money Laundering Specialist. Having previously worked at a leading criminal defence law firm in Australia, Judy is the winner of Lawyers Weekly 30 Under 30 Awards criminal law category, and was nominated by Finance Monthly as the Australian White Collar Crime Defense Lawyer of the Year in 2022 and 2023.
Tianqi Gu received her PhD from the Sydney Law School. She is the recipient of an Australian Government Research Training Program scholarship. Tianqi obtained an LLB from Dalian Maritime University and two LLMs from University College London and the University of Sydney, respectively. Tianqi’s research focuses on the impact of China’s latest round of State-owned Enterprise (SOE) reforms on Chinese SOEs’ foreign investment in Australia. Tianqi and professor Vivienne Bath co-authored a book chapter titled Foreign Investment, Investment Treaties, and Corruption in China and Hong Kong for the book Corruption and Illegality in Asian Investment Arbitration, which will be published in 2024.
Chair
Associate Professor Jie (Jeanne) Huang, Sydney Law School.
Tuesday 20 February
Time: 5-6pm
CPD Points: 1
Venue: Common Room, Level 4, New Law Building (F10)
This event is proudly co-presented by the Centre for Asian and Pacific Law and the Sydney Institute of Criminology at the University of Sydney Law School.