Research On The Factors Of Crime Of Accepting Bribes And Judicial Determination

Corruption is the cancer of politics,and all the countries,including China,attach great importance to anti-corruption and strictly prevent corruption.And especially since the 18 th National Congress,the Communist Party and the government have lifted the anti-corruption to an unprecedented height.Among various kinds of corruptions,bribery crime has the highest incidence in China,which has became the critical aim of China's anti-corruption.In view of the inherent drawbacks of the bribery legislation and the new situation in the judicial field,the amendments to the Criminal Law Amendment(9)and the Law on the Application of Law in the Criminal Cases of Corruption and Bribery are enacted to give a positive contemporary response to the criminal law of anti-corruption.The principle of appropriation between the crime and the penaty is the basic principle of criminal law,and it requires that the criteria of convicting and sentencing of criminal law should be based on the overall evaluation of the factors of crime,highlighting the clarity of criminal law and the certainty of sentencing criteria.Undoubtedly,the amendments to the bribery convicting and sentencing standards in "Criminal Law Amendment(9)" and "on the handling of corruption and bribery criminal cases applicable to the interpretation of a number of issues" deal with the long-term inappropriation of the crime and the penalty,but obviously it is not based on the overall analysis of the factors of crime,resulting in the legal fault of the types of circumstances,the logical contradiction of the preference relation between the amount and circumstances to the prescriptive dependency,and the unobtainedly independently determined role of circumstances in legal punishment intervals etc.in the "Interpretation".In this context,the author tries to start from the factors of crime,and to re-examine the accepting bribes.On the premise of the theoretical basis of the amount of crime retroactive factors,the author puts forward the denotation of the factors and types of bribery crime,evaluates and analyses China's Legislative Mode of the Crime of Bribery Crime,and researches the respective criminal law functions of the circumstances and amount of bribery and judicial determination,aiming to puting forward the solutions to several typical problems of convicting and sentencing existing in the criminal law theory and judicial practice related to the amount and circumstances of bribery.