The Standard Of Conviction And Sentencing Of The Crime Of Embezzlement And Bribery

"Criminal Law Amendment(ix)" for corruption and bribery has made significant amendments, both in terms of conviction or sentencing have been made in the new provisions. Such as deleting the definition of the amount of corruption crimes, no longer in the amount of criteria to define the constituent elements of corruption and bribery. But the specific criteria for sentencing has not been a specific standard, in judicial practice, the local procuratorial organs, judicial unable to master the rules of operation, and even some local judicial and procuratorial organs to extend the detention period for investigation of ways to delay the proceedings conducted before the supreme people’s Procuratorate, the supreme people’s Court issued judicial interpretation, study of corruption and bribery conviction and sentencing issues is necessary.First, the review of the conviction and sentencing on corruption and bribery standard legislative history. Our embezzlement conviction and sentencing standards legislative history gone through rigid resilient mode to mode transition phase, the continuation phase rigid mode, return to the stage of the three stages of the elastic mode; the conviction and sentencing standards of bribery gone through legislative infancy, legislative perfection stage, a comprehensive revision of the legislative stage and supplementary stages."Criminal Law Amendment(ix)" for corruption and bribery do a larger correction, including the addition of a new crime of bribery charges, fixed punishment to the crime of corruption and bribery, the addition of lenient penalties for corruption offenses to adjust the content of bribery leniency penalties in four areas. Specifically, the "Criminal Law Amendment(ix)" to increase the use of combined influence crime of accepting bribes, corruption and bribery delete the specific amount of the conviction and sentencing patterns, crime of corruption and bribery under certain conditions may be exempted from punishment, will bribe the conviction and sentencing of the crime more stringent. Scholars have disputed amendments, the main negation and affirmation, said two points of view. He affirmed that better meet the legislative and judicial guarantees trends of corruption and bribery."Criminal Law Amendment(ix)" for corruption and bribery amendment has a very positive meaning, first, "Criminal Law Amendment(ix)" will have a close relationship with the national staff, national staff have retired or close thereto relations of the property to be criminal acts, thus enabling the use of the influence of taking bribes and offering bribes to influential people become committed together, complete a criminal law provisions that punish corruption and bribery in the French Open more closely. Second, the amended "Criminal Law Amendment(ix)" for the crime of bribery is to increase the penalties, so that bribery is more severe criminal penalties, which actively promotes the prevention of bribery to a certain extent. Third, the legislative mode to remove a specific amount of bribery conviction for corruption offenses and sentencing more flexible. But it can not ignore its problems, the main problems are: new forms of bribery are not included in the penalty system, corruption crime plot inappropriate leniency to expand, abandon bribery charges "seek illegitimate interests" subjective element inappropriate.Legislation on corruption and bribery conviction and sentencing may be mainly from four aspects, one is separate conviction and sentencing standards of embezzlement, taking bribes, the second is the abolition of the death penalty provisions of the crime of corruption, bribery Third, expand the target range, the four It is to improve the corruption and bribery conviction and sentencing of legislation and the standard amount. In selecting legislative model of corruption and bribery conviction and sentencing of the crime reference group can reference legislative model overseas; standard amount, it can establish the amount of the standard plot + Dual elastic; and promulgated judicial interpretation to determine the relative amount of range, combined with the country urban residents per capita disposable income, inflation, consumer index, do the purchasing power of money and other factors specific provisions; the situation in several provinces of corruption or complicity in corruption in different provinces of the crime and the amount of each province varying standards applicable under provisions more stringent standards; criminal cases of corruption and bribery crimes location with the court hearing the case should not in the same province the crime was committed shall apply.