Study On The Arrangement Of The "Amount" And "Plot" In The Bribery Crime

The bribery crime is one of the common crimes of corruption-related crime.Since the founding of New China,it has always been concerned by the theoretical circle and the judicial-practice circle.In recent years,in order to respond to the increasingly serious crime of bribes,our nation has paid more efforts to anti-corruption,as modifying the legislation and introducing the judicial interpretations,and strive to establish the equal configuration relationship between the "amount" and the "plot" of bribery crime in convicting and sentencing.However,the relevant judicial interpretation directly violate the legislative provisions,which returns the mode of amount-driven inappropriately,and the plot can not play its due role.This paper adopts an empirical analysis method and takes 400 verdicts of bribery crime in the first half of 2017 as samples.And through reading and analyzing,counting and summarizing the data which obtained from the verdicts,the author reveals the general situation of convicting and sentencing,to explore the problems in judicial practice of bribery crime.While affirming the dualism of equally "amount" and "plot",in the same time,the author puts forward the idea of balanced-configuration.The balanced-configuration between"amount" and "plot" can make up for the deficiency of the current amount-led model,and there is a certain positive effect on the regulation of bribery crime.This article focuses on the allocation of "amount" and "plot" of bribery crime,which can be divided into three chapters as following:Chapter ?,expounds the related provisions of the "amount" and "plot"configuration of bribery crime in our country,and investigates the actual status quot of the allocation relationship between "amount" and "plot" in bribery crime.After sorting out the regulations about the "amount" and the "plot" of bribery crime in 1997Criminal Law,the 9th Criminal Law Amendment and the Interpretation,combing with the typical verdicts,there are many problems in practical practice,such as the "amount" weights overhead the "plot",the repeated evaluation of the plot,and the significant penalty gap between the regions.All in all,the amount is the main cause of these problems.Chapter ?,reflects on the allocation relationship between the "amount" and "plot"of the current bribery crime in China.First,Explains the reasons for the formation of single-amount evaluation model,but this model ignores the importance of "plot" in the conviction and sentencing,which leads to the inevitable drawbacks,and therefore it should be negated.Then the author compares the existing story-centered one-item theory,the amount-centered duality theory,and the duality of the amount and the plot in the mixed evaluation,because both the amount and the plot can reflect the bribery behavior.The nature of power and money transactions can objectively reflect the social harm of bribery behavior.Both functions are of equal importance.Therefore,the duality theory of "amount" and "plot" under the mixed evaluation system is worthy of affirmation,however,a reasonable allocation of the two must be made.Chapter ?,clearly adjusts the balance between "amount" and "plot" under the model.First of all,it is fully reasonable to affirm that the balance between "amount"and "plot" of bribery crime is sufficient.Secondly,outlines the elements of "plot" under the pattern of "amount" and "plot",and defines the "plot" as two types reflecting law infringement and personal danger,and analyzes them in details.Finally,it should follow the ideas between the "amount" and the "plot" in balanced-configuration:(1)the amount decides to convict;(2)the plot decides to convict;(3)the plot decides to convict,and the amount influences sentence;(4)the amount decides to convict,and the plot influences sentence;(5)the amount and the plot decide to convict and sentence commonly.In this way,it meets the statutory penalty and governance the bribery crime.By the way,it is useful to balance the crime and the penalty.