Study On The Convicted Circumstances Of Bribery

In China,Bribery is always the focus of public's attention as well as the research hotspot in criminal theory.Recently,SPC and SPP promulgate “The interpretation on Several Issues concerning the Application of law in handling of criminal cases of Embezzlement and Bribery”,which specifically provides eight detailed circumstances of Bribery.Those provisions synthetically consider severity of the losses to public property and interests of the state and people,frequency of asking for bribes and offenders' performance before and after the crime.In judicial practice,those provisions handle the relationship between amounts and circumstances properly,which have strong operability but also bring some application issues.Bribery's convicted circumstances are alternative criteria,which have no independent effect.In judicial practice,there might be conflict of application on the statutory sentences.This article will find the solutions.The systematical orientation of Bribery's convicted circumstances is the first problem to resolve in order to accurately applying those circumstances,which is also essential to identify the relations between the circumstances and the offenders' subjective.Most of the circumstances reflect the illegal elements,while some circumstances are out of the range.Those circumstances belong to objective extra circumstances and objective punishable condition.Besides,since the provisions are not concrete,this article will try to interpret the circumstance of crime stipulated by specific provisions of Criminal Law in dogmatic method.At last,this article analyzes the situation in which the convicted circumstances are confused with the sentencing circumstances.In case that the circumstances are conflict with the principle of prohibition repeatable evaluations,we need to stick to the principle no matter in conviction or sentence.