On The Penalty Arrangement For The Crime Of Corruption By The Amendment(?) To Criminal Law

Corruption has been a miraculous "borer" endangering the development of state and society since antiquity and the "difficult and complicated disease" faced by rulers in the different ages.Corruption is everywhere both in the developed countries and developing countries.But with the development of social economy,China has regulated the Crime of Corruption penalty provision systematically.But the rigid quota has exposed defect as the main criterion for imposing penalty and has dislocated of objective condition seriously in the Criminal Law(1997).The chaos of penalty gradient also leads to unbalance of sentencing discretion damaging the reputation of the judicial justice.In the Amendment(?)To Criminal Law,the Crime of Corruption of the original Criminal Law comprehensive revises the criterion of Sentence and Punishment,penalty gradient and increase the classification of penalty,such as pecuniary penalty,life imprisonment perfecting Criminal Law for corruption.It has a positive theoretical and practical significance.However,there is still something to be improved in revision of the amount of conviction,extent for measurement of punishment,legal lenient circumstances.Therefore,the article aims to discuss advantages and disadvantages.on the Crime of Corruption penalty provision of the revised Criminal Law and puts forward perfect idea for the new problems in the new law.Through to the historical evolution of corruption punishment and analysis of legislation experience in the outside the nations and regions.This article is divided into four parts:The part one,This paper mainly expounds the problems existing in the allocation of criminal penalty of corruption in our country before the Amendment To Criminal Law(?).Through the establishment of the criminal law of China's Criminal Law for the punishment of the crime of corruption in the evolution of the legislation,so as to discuss the 1997 Criminal Law on the crime of corruption,the provisions of the provisions of the Criminal Law,there are many problems.The part two,this section mainly investigates situation about rules of the corruption penalty configuration on abroad and in Hong Kong,Macao and Taiwan regions.Foreign countries divide into countries of Anglo-American Law System and Continental Law System.It cards the Crime of Corruption penalty provision to provide experience of corruption punishment configuration for our countries.The part three,this section mainly analyzes the Amendment(?)To Criminal Law for improvement of the Crime of Corruption penalty pro vision.It includes two aspects.Firstly,introduce modified content about the Crime of Corruption penalty provision of the Amendment(?)To Criminal Law.Secondly,concrete describe the rationality of the modified corruption punishment configuration.The part four,this section mainly discusses problems and perfect ideas about corruption punishment configuration after Amendment(?)To Criminal Law.On the basis of the part three,it discusses new problems after the modified corruption punishment configuration and puts forward solution combined with domestic Criminal Law theory and judicial practice.