Thought On The Issue That The Perfection Of Our Corruption And Bribery Crimes About Amount And Sentencing

With the growth of the economic in our nation,the society is changing rapidly.Criminal legislation is supposed to adjust itself in order to meet the needs of social and economic development,the same goes for the legislation of Corruption and Bribery crimes,which is deeply affected by the changes political,economic and cultural factors.The content of corruption and bribery crimes in "1997 Penal Code" has been guiding the anti-corruption judicial practice for 18 years.One of the key factors of corruption and bribery crimes,that the conviction and sentencing standard is comprehensively based on the "1997 level" of economic and residents income.The starting point of five thousand yuan is now so hard to fulfill the needs of current judicial practice.Overall,the current corruption crime convictions and sentencing are so different n time and region factors,obliviously it will lead to the imbalances between crimes and convictions;From the perspective of individual cases,the complication and differences between cases make it difficult to adapt to a standard of conviction and sentencing.The standard of "absolute legal amount besides solid set of punishment" in 1997 Penal Code is unable to to meet the need of expanding regional differences in judicial practice,which intensified the imbalances between regions.If the previous mode of legislation and the standard of amount were continually used,it's hard to achieve the adaptation of Crime and Punishment,and will eventually harm the credibility and the certainty of the law.November 1st,2015,the<Criminal Law Amendment(ix)> had fixed the "solid amount" standard into "summed amount+episode" legislation mode in corruption and bribery convictions and sentencing.The rules of specific amount has been erased,the amount will be regulated by the Supreme People's Court and Supreme People's Supreme People's Procuratorate's judicial interpretation based on the certain circumstances in judicial practices.It is said to be a big leap in legislation.On the aspect of amount,in comparison with the former one,the "legislation determines the conviction,judiciary determines the amount" mode of legislation is able to keep the rationality and the stability of the amount standard.Within a stable framework,based on the specific case ease the imbalances between crimes and convictions.Ensuring the reasoning amount standard has the important meaning to the judicial practice of Anti-Corruption.This paper will analyze and compare the historical,current and comparative factors of the convictions and amount standard in Corruptions and bribery,considering the judicial practice,digging the features of current Corruption and bribery crimes in our country,finding out the insufficient in both legislation and judiciary aspects,the come up with the point to complete the mechanism of Anti-corruption.First,analyzing what's behind the corruption and the bribery,the foundation of the two is different,so it's not supposed to use the same conviction and amount standard.Seeing the historical development of conviction and amount,thinking over the current legislation of corruption and bribery in our country,analyzing the influence that the amount could have on conviction and the possibilities to count the crimes and punishment under the current circumstances.Second combining the judicial practice and related cases in order to explore deeper,analyzing the representative cases from areas by real evidence to find out imbalances between conviction and punishment due to the amount and sentencing factors.By researching and comparing the related legislation and sentencing standard of civil law and common law countries,I found out that generally the developed countries takes the legislation mode of "summed amount".The sentencing toward corruptions and bribery are mainly based on the situation instead of the amount,and it has now been the trend of corruption and bribery legislation.The standard of "solid amount" is now unable to meet the need of balance between crimes and punishment.The mode of "summed amount+situation" quoted by <Criminal Law Amendment(ix)> can effectively ease the embarrassed phenomenon of the imbalances caused by the regional differences of economic growth,and it's of great meaning to the perfection of conviction and sentencing system of corruption and bribery.The rules of specific amount in judicial interpretation are supposed to come up with regional standards based on the economic level.The judicial set for amount should take residents income into consideration to ensure the conviction standard of "large amount".Combining the happened criminal amount in judicial practice to settle the general framework of "large amount" and "very large amount".Based on the economic foundation and judicial practice,set a science and reasoning system of conviction and sentencing.Considering the legislation principles of desalting the "amount standard" from western countries,increasing the importance of "situation" in conviction,set different sentencing standard between corruption and Bribery,perfection the mechanism of reasonable amount standard,to knit scientific and sophisticated net of legal system.