China's Research On The Allocation Of Criminal Punishments

Correspondence offense in Germany,and Japanese Criminal Law is a concept under the necessary accomplice,but a dispute over the relationship between Correspondence offense and common crime in China,it is not entirely common crime on the normative,and therefore the issue of adaptability to the common criminal rules needs to be considered.In recent years,anti-corruption continued widespread upsurge,but there is a great difference in the actual judgment for offering or accepting bribes,the existence of its reasons is inherent,but go against to bribery as a whole Governance.As a primer,based on the concept and features of Correspondence offense,to explore the reasons for different distribution of Punishment,provide ideas for the future work of the legislative and judicial,provide ideas for balanced sentencing for committing the two sides together.The text of the article is divided into three parts,with the introduction and conclusion.In the introduction,the author introduces the present situation of the difference between the resemblance and difference,and leads to the problem of the different configuration.At the same time,the concept and classification of the Correspondence offense are sorted out.The first part relate to the Correspondence offense of several basic issues.This part mainly clarifies the basic concepts and characteristics of the Correspondence offense,emphasizes the identity,behavior and intention,and considers that Correspondence offense is the crime that two parties who have the corresponding status committed,the relationship between Correspondence offense and common crime in China is believed to be a fact.The second part relate to the classification,according to the The criminal law of the People’s Republic of China,the Correspondence offense is divided into three categories,the same crime with the same punishment,the different crime with different punishment,and only one.according to the content of behavior divided into different types of business,offering or accepting bribes,and other pairs of guilty.Pointing out the correspondence offense existence of legislation on the clash of chaos and not standardized for choice of words.The third part relate the legislation and justice of Correspondence offense.In the future,In the legislation of the law,we should avoid the use of different penalties in different crime,if still used,we need ensure equally to both sides of the crime of the conditions and sentencing;in the current framework of "criminal law" is to determine the scope of the common criminal responsibility for both parties,and then in accordance with the status and behavior of the two sides in the crime to determine criminal responsibility.