The Research Of Fine Penalty For The Corruption And Bribery Crimes

The mitigation of punishment regards as a trend that countries in the world innovate the penalty system.Fine penalty is a way of penalty that conforms with the concept of lighting punishment,which is being more and more widely.Amendment nine add creatively the fine punishment to the accusation of corruption and bribery.Both the nature of corruption and bribery,and the need of punishing corruption phenomenon,require fine punishment in the crime of greed like corruption and bribery.The theorists actively appeal for adding fine penalty that enforce to pay money for content to the corruption and bribery crime all the time.The increase of the fine penalty is a response to the theorists,is also the needs of the development of reality.Corruption and bribery crime has strong social harmfulness and personal risk is also low,the application of fine penalty is consistent with the essence of profit.Fine penalty compared with freedom penalty has powerful advantages.However,fine penalty exposed many problems when applied in corruption and bribery in corruption and bribery penalty punishment.Analysis of the current situation that the application of fine penalty in the corruption and bribery crime from Nanchang area,generalize problems and difficulties when apply the fine penalty.On the basis of this,I put forward suggestions on the judicial,make fine penalty can better use in the crimes of corruption and bribery.This article is divided into three main parts except for the introduction and conclusion:Part 1Through the analysis of the criminal judgments about corruption and bribery are chosen from Nanchang area in 2016,ask some questions:whether the same crime should be punished or not;what's judgment standard of fine punishment;and fine punishment keep what kind relationship with principal punishments.It analyzes the decision criteria about the circumstances of the crime of fine punishment and clarifies what should be included in the crime of corruption and bribery.At the same time,it indicates the status of the property of an offender should be taken into account as a necessary factor in the decision criteria.Part 2The analysis of the application and problems of the dine punishment in corruption and bribery,and find out the cause of the problem.Through the case that application situation of fine punishment of corruption and bribery in Nanchang,analysis of existing problems and difficulties when applicable: 1,the specific application of the specific differences about low-grade high penalty and high-grade low penalty;2,the plight of choice between fine penalty and confiscation of property punishment;3,actual effect of fine punishment and the degree of crime,presents the inverse phenomenon.Finally,indicates reasons that the fine punishment exists these problems in the corruption and bribery.Part 3This part mainly talks about how to improve the fine punishment applicable in corruption and bribery.First of all,discussed the pecuniary penalty and confiscation of property punishment applicable,put forward establish applicable fine punishment is given priority to in principle,which instead of confiscation of property.The second,discussed about pecuniary penalty and freedom penalty discretion,suggest both in sentence order that match the case,should make a discretion when keep relative balance.The last,from the perspective of determine the amount of the fine,put forward the methods about how to properly consider the condition of criminal property,which determine the benchmark,and then according to the principle of "down".At the same time,put forward the initiative that take the initiative to be paid in advance can reduce principal punishments and fine punishment.