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Study On The Mitigated Punishment Of Crime Of Corruption And Bribery Crime

Posted on:2010-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LuoFull Text:PDF
GTID:2166330332464529Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of corruption, the bribery crime mitigated punishment's present situation performance is high for the suitable mitigated punishment's proportion, mitigated punishment's scope big, because of surrenders, but mitigated punishment proportion higher. Thus, the crime of corruption, the bribery crime mitigated punishment has many problems, like to surrenders with renders meritorious service had recognized the pine, the mitigated punishment is suitable too at will, the mitigated punishment scope oversized and so on.The crime of corruption, the bribery crime mitigated punishment has the above problem the reason is various, mainly has the following some aspects:The crime of corruption, the bribery crime mitigated punishment will be suitable in the process to surrender, to render meritorious service the system disassimilation will be "outside the law bestows favor"; The court to the mitigated punishment plot, the scope understanding is biased; The legal punishment scope is oversized, the discretion of punishment scale is uncoordinated; Decides after deliberation the power to judge to lack the active oversight freely and so on.Question which in view of the crime of corruption, the bribery crime mitigated punishment exists, should take the positive measure to deal. In the crime of corruption, the bribery crime mitigated punishment is suitable in the process the waist to examine strictly and to recognize that surrenders, renders meritorious service the material; The prudent choice suitable mitigated punishment, including is suitable the multi-purpose discretion of punishment plots, the discretion of punishment to suggest that correctly integrates the court trying procedure, to be suitable the addition procedural condition to the crime by taking advantage of duty suspension of sentence and so on; Consummates the mitigated punishment system from the legislation, including the reduction discretion of punishment scale establishment engagement's-like discretion of punishment scale, determines "the punishment standard" the system, the formulation science reasonable discretion of punishment guide and so on; Enlarges to the crime by taking advantage of duty trial supervisory work dynamics, including enlarges to the crime by taking advantage of duty appeal work dynamics, closes strictly the crime by taking advantage of duty case quality, strengthens the upper and lower layer Procuratorial agency the communication which and the coordination processes to the crime by taking advantage of duty case and so on.
Keywords/Search Tags:Crime of Corruption, Bribery Crime, Mitigated Punishment, Surrendering, Rendering Meritorious Service
PDF Full Text Request
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