Study On The Plot Of The Conviction And Sentencing Of Bribery Crimes

In the process of legislation and judicial practice of punishing bribery crimes,our country has gradually formed a conviction and sentencing system based on the amount.The formation of this system is due to the past concept of determining the social harmfulness of bribery by the amount of bribery and bribe,and on the other hand,the"amount" is easier to be classified than other non-Practice operation.Because the sentencing system overemphasizes the function of the amount of the plot,it neglects the role of other non-quotas in the criminalization of sentencing the crime of bribery,resulting in the situation that the sentencing is not uniform and the guilt and punishment are not compatible during the process of the crime of sentencing the bribe.The "Amendment 9 to the Criminal Law" was promulgated to establish the mode of conviction and sentencing of"the amount plus the episode",and gradually change the traditional concept of "taking the amount as the center".The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Criminal Cases of Corruption and Bribery clarified eight kinds of circumstances such as multiple convictions or bribed convictions or statutory sentences and strengthened the applicability of non-quotas.But at the same time it also revealed the embarrassing situation of undermining breakthroughs in intensifying the plot.This article will discuss the relationship between the amount and the plot from four aspects and how to give full play to the role of non-quota plot in criminal conviction and sentencing in bribery crime so as to accurately measure the sentencing.The first part of the article is an overview of the plot.Through the analysis of the concept of the plot as well as the plot and the fact of the crime,the nature of the crime,the composition of crime and other concepts to accurately grasp the connotation of the plot.Second,make a conviction of the crime,the classification of the sentencing circumstances to strengthen the understanding and application of the plot.The second part of the article is the analysis of the relationship between the amount and the plot.Through the analysis of the concepts of the two,as well as the expression of the relationship between the amount and the circumstances in the other crimes of the criminal law,it is clear that the amount included in the crime is only a special case whose status is stronger than any other non-quotation plotThe third part of the article analyzes the explanation of nine amendments and the explanation of bribery,clarifies its important role in changing the traditional conviction and sentencing model with the number as the center,and points out its existing problemsThe fourth part of the article focuses on how to accurately play the role of the plot in the conviction and sentencing of bribery crime,and strengthen the applicability of the plot in judicial practice.