Study On Measuring Of Crime Of Embezzlement And Bribery

The state functionary 's style reflects the superstructure's overall ideological atmosphere,and it's also the critical question that influence the stability of the society and the thriving of the country as well.Therefore our party always pay high attention to the criminal legislation of embezzlement and bribery.During the revolutionary war years,for example,the?Shaanxi-Gansu-Ningxia?border region's Regulation for Suppression of Corruption?in 1939,is a detailed law to punish corruption and bribery crime.It shows that corruption and bribery crime has become the critical aim of criminal code in China.Since the 18 th National Congress of the Communist Party of China,the much more serious it strikes.The cull of the “tigers” and “flies” reflects the faith to anti-corruption in China now.The criterion of amount is always the primary standard of the corruption and bribery crime's judgement.The standard looks like intuitionistic and rigorous,but it's rigescent that it can't adapt to the economic development and changeable social reform in juridical practice in fact.It is sure that we have to modify the law constantly if we continue to use the law.the perpetual modification is harmful to criminal law article 's stability.For all these reasons,in August 29 th 2015,the 12 th 16th session of the National People's Congress passed the?Amendment to the criminal law of the People's Republic of China?,which has deleted the specific amount stipulation in corruption and bribery crime,and set rules for a binary elastic sentencing standards including amount and plot,it also add the new charges in corruption and bribery crime,revised the statutory sentence of corruption and bribery crime,set new rules for lenient punishment,adjusted the four aspects in bribery crime 's lenient punishment.To be specific ?Amendment to the criminal law of the People's Republic of China?has set new regulations in using the influence of bribery's involution crime,deleted the specific amount punishment fits the crime model of bribery crime and definitize that the penalty can be remitted under certain conditions,and let the bribery crime's conviction and sentencing more specific.The scholars hold the positive theory and the negative theory for the modified content.in spite of some deficiency,I think the ?Amendment to the criminal law of the People's Republic of China?is conform to the requirements of the times in on the whole,for this reason,the positive theory can be more able to adapt to the trend of legislation and the judicial safeguard of corruption and bribery crime,and can be more conform to the realistic difficulties and the future in these crimes.This essay start with theoretical significance legislation evolution of the measurement of penalty,it raises the realistic condition of corruption and bribery crime.I chose many legal precedents of the grass-roots court,use the empirical analysis and statistics,analysed some representative problems in the judicial practice,explored the causes them.I also have introduced and summarized the contention in the field of theory and practice,I want to combine new law,the research status and judicial practice to promote some new progress in sentencing standard of corruption and bribery crime.