| At present,China’s economic growth rate ranks first in the world,in the context of economic development,corruption is becoming increasingly serious.In recent years,the countrys "tiger","fly" the implementation of the action is all to see.From the policy and action can be seen,at present our country attaches great importance to anti-corruption issues.The law as a superstructure should also change with the change of the economic base,the "criminal law amendment(nine)" in the development of the crime of corruption is to comply with the economic and social changes,the changes of the crime of corruption is mainly related to the amount of the issue.At present,China’s corruption is the "legislative model number" and "plot",changed the traditional legislative model(fixed amount model),made a major revision of the reason for this is that under the current social and economic background,the amount of fixed mode is not scientific,not in conformity with the amount,and the elastic model can adapt to the current economic situation.This text is divided into four chapters to introduce the amount of corruption crime.The first chapter introduces the content of the amount of corruption crime,first of all,the article discusses some theories of the current theory of the amount of corruption crime concept,analysis and comparison,the author puts forward the concept of relatively reasonable crime of corruption.Classified according to different standards.This paper also introduces the calculation of the amount,mainly related to the embezzlement of goods,foreign currency,securities,how to calculate the amount of money,but also to talk about the current academic corruption amount of various theories.The second part expounds the domestic and foreign research on the amount of corruption,and introduces the relevant provisions of foreign countries,and then analyzes and compares the provisions of the criminal law amendment(nine).The third chapter is mainly related to the effects of amount of corruption crime on the conviction and sentencing.In other words,the value of the conviction and sentencing is the amount of corruption crime,this chapter from the status,the amount in conviction as the conviction standard basis for analysis,the amount of accomplished attempted are also discussed.The last part mainly compares the current use of "elastic" and the amount of model "has been abolished the" fixed amount model",concluded that the amount of elastic model than the fixed amount model is more scientific and reasonable,can adapt to the current social economic situation.At present in our country have abolished the fixed amount model,this still carries on the analysis,seemingly not necessary,but I just want to through a thorough analysis of the fixed amount,compared to better and more flexible amount that can objectively evaluate the "criminal law amendment(nine)" on the amount of the modified elastic.At present,there are still a lot of voices questioned the rationality of the elastic amount,therefore,the article also makes a brief analysis of the relevant concerns. |
