On The Amendment Of The Criminal Law Amendment (9) To The Crime Of Corruption And Accepting Bribes

With the development of economy and the change of crime situation,a large number of cases of corruption and bribery crime have made the corruption and bribery situation changed dramatically since the revision of the 1997 Criminal Code,and it gradually comes into a "new normal" period.All the time,the Party Central Committee's determination to fight corruption remains rock solid,especially after the party's eighteenth national congress,the anti-corruption efforts are unprecedented and it achieves fruitful results.However,in the process of investigating and dealing with the corruption and bribery crimes,some perennial problems are becoming increasingly prominent,which shows a phenomenon of the separation of legislation and practice.The problem of the amount of criminal law,irrational distribution of the amount of punishment,the unreasonable provision of legal punishment,the abolition of the death penalty and so on become great blocks to China's criminal legislation and judicial practice.In order to effectively punish the crime of corruption and bribery,the criminal legislation gives a positive response under the current concept of "treating the symptoms first and treating the root" and the criminal policy of tempering justice with mercy.The "Amendment of Criminal Law(9)" adopted in August 2015 and the "Interpretation of Several Issues Concerning the Application of Law in Criminal Cases of Corruption and Bribery" promulgated by the Superior People's Court and the Superior People's Procuratorate in 2016,based on the original criminal law,have made the judicial organs have more effective and reasonable legal basis by macro and micro adjustment and correction the bribery crimes.This revision is a major amendment to the relevant content of the criminal law in the context of the CPC's emphasis on sound punishment and prevention of corruption and the crackdown on corruption and bribery.It not only adjusted the crime of embezzlement and the crime of accepting bribes,increase the relevant provisions of lenient punishment of corruption and bribery,but also newly increased the life imprisonment system to further improve the penalty structure,to a certain extent,which embodies the criminal policy of temper justice with mercy.In the Criminal Law(9),the amendment of the corruption and bribery conviction sentencing standards,the amendment of the structure of the punishment setting,and the amendment of the application of the property punishment gave a high degree of recognition and praise to the promotion of China's anti-corruption criminal legislation.Certainly,only relying on the amendment of legislative text is not enough to solve the fundamental problem in the corruption and bribery crime system,it also depends on the amount of crime and the role of the plot to further clarify and enhances the crime in the identification of the operability to ensure legal texts and judicial practice effectively connected and avoid legislative provisions becomes a sleep clause due to the applicability of the problem.