Study On The Judicial Determination Of Corruption Crime

We should analyze the future judicial determination and the application of crime from the perspective of the amendment of criminal law,and this problem has also been a key issue in the theoretical and practical fields of criminal law in china.Especially before the introduction of the criminal law amendment(9),the main reason for the punishment of corruption in the legislation is the amount of corruption.With the further revision of the criminal law,the new "criminal law" in article 383 rd,the amount of corruption is no longer directly from the legal provisions,but in large amount,huge amount,huge amount "as a statement,and the statement must be clearly identified by the judicial interpretation,that is to say the crime of corruption suspects tuizang,loss,relief limit commutation case,has broken the past only the amount of the pattern,thus the formal establishment of corruption conviction and sentencing" amount + plot "dualistic pattern.This has a great influence on the judicial cognizance of the crime of embezzlement in our judicial practice.This article mainly proceeds from four parts,the first part,the amendment of criminal law amendment(9)and the crime of corruption.First,corruption modification background and reasons,from the amount of corruption and social harmfulness does not adapt,the amount of corruption and sentencing class interval is not matching,simple amount against sin misdemeanor,crime and the crime cognizance three aspects to analyze the corruption behind the modification of legal concept and profound background factors.Second,the newly revised code of corruption offences: one is the amount of conviction to the "amount + plot" conviction;Second,to further improve the standard of leniency;Third,the application of additional life imprisonment.Thirdly,the new criminal law shall determine the crime of corruption: first,the amount of embezzlement shall not constitute a crime under 10,000 yuan;Secondly,the exercise of judge's discretion is concerned;Third,rural grassroots organizations suspected corruption may be unbound;Fourth,the threat of corruption will greatly increase;Fifth,the tendency of punishment to light punishment may be more serious.The second part,some disputes in the judicial determination of corruption.Firstly,there are two main controversies about the subject of crime.One is the identification of the main qualification of the people in rural areas.Second,the scope of state-owned companies and enterprises is determined.Secondly,the dispute of the object of crime is mainly about the determination of public property,collective organization and property and state property.Thirdly,the dispute of subjective content is mainly about the determination of the possession status of public property.Fourth,the struggle of the sui and the attempted,mainly about the possession of the property of the use of the identification of the criminal form.The third part is the practice dilemma of the judicial determination of corruption.First,the dilemma: one is that there is a conflict between the investigation and judgement of the inspection.The second is to raise the crime amount to cause the light punishment more obvious;Third,the number of corruption crimes and the concentration of criminals;The property of embezzlement and crime is often restricted to state property.Second,the causes of the dilemma: first,the light punishment of corruption crime has certain social foundation;Second,there are performance differences in the prosecution mechanism.The third is that the treatment of embezzlement is more and more limited.Part three: the dilemma of judicial identification of corruption.First,the legislation should further improve the elements and elements,which mainly include: further clarify the subject of corruption;Identify the corrupt object as public property;To cancel the "multiple corruption and unprocessed" provisions of the criminal law;The penalty for embezzlement and non-crime penalty.Second,strengthen the anti-corruption system under the reform of the supervision system.The specific measures include: improving the crime of corruption and the rate of crime;To curb the tendency of light punishment of duty crimes;To strengthen the demonstration effect of typical corruption crime judgment;To increase the punishment for the crime of corruption;Integrating resources to build a national anti-corruption system.Third,focus on "two ways of cohesion" to strengthen the punishment of corruption.One is to further strengthen the connection of criminal "two laws";The second is to increase the legal publicity for the punishment of corruption.Based on "criminal law amendment(9)" and the practice case analysis,we can see that the judicial practice has made further clarity of corruption crime,especially in the context of the rule of law and a strong anti-corruption,from the corruption of justice principles and standards should be changed,based on these basic problem solving,we met in judicial practice to deal with corruption crime problems and processing measures put forward Suggestions,from the aspect of legislation,judicial level and criminal administration the reduced cohesion level and so on to the cognizance of corruption crime is perfect.