A Brief Analysis Of The Sentencing Amount And Plot Of Corruption And Bribery Crimes

Since the party's eighteen years,the building of a moderately prosperous society in an all-round way,comprehensively deepen reform,a comprehensive rule of law,strict party strictly become the strongest voice of the times.In the case of heavy anti-corruption,the law also changes with the times to adapt to the needs of society."Criminal law amendment(nine)"(hereinafter referred to as the "revised nine")about the corruption crime penalty system has been greatly changed by the amount of innovation,as the center of the model,no provisions on the specific amount,more plot balance.I believe this is a good foundation for the future reform.Subsequently promulgated the "on the application of corruption and bribery criminal cases applicable to the interpretation of several issues"(hereinafter referred to as the "interpretation"),the amount and circumstances of a specific explanation.In the past practice,as the main index to determine the amount of penalty grade,there are some problems in the future,the most obvious is the amount reached one hundred thousand yuan,the unit cost of crime falling instead of rising,often hundreds of thousands and millions of corruption,there is no difference between this kind of unreasonable phenomenon.In addition,the social harmfulness of crime of bribery and corruption from the point of view,the legal interests of the first is the duty behavior can not be traded,then for violation of private property,the amount of punishment as the most important basis is some have the order reversed.This paper introduces the current provisions for corruption and bribery crime and the amount of the plot,and a list of "Nine" and "explain" repair and modify the contents of positive significance,and puts forward some deficiencies of the existing provisions exist,put forward their own proposals according to the problems.I suggest that the crime of corruption and bribery should enhance the role of circumstances in conviction and sentencing,the amount as part of sentencing,in combination with other circumstances to adapt to the changing reality of the development of the society;do not set the starting point of punishment,the amount of crime and sentencing amount into the crime amount,as long as there is a corresponding crime the amount,even if only a roll of paper,should be defined as a crime;and the penalty type check erroneous ideas at the outset to reduce penalty severity corresponding punishment,such as taking more targeted identity punishment,he may not enter the civil service or ten years shall enhance the position level and other punitive measures.This model is very useful for the rational use of public power and the growth of officials themselves.I believe that through these changes,we must be more effective prevention and control of corruption.