Study On The Amount And Plot Of Crime Of Corruption And Bribery

Since the party's 18 th National Congress,high-pressure anti-corruption has become normalized,and the anti-corruption slogans hit by tiger flies have also become popular,and anti-corruption work has also made tremendous progress and breakthroughs.The provisions on corruption and bribery crimes in the criminal law provide legal basis and guarantee for effectively combating corruption crimes."Amount" and "plot" play an important role in the conviction and sentencing of corruption and bribery crimes.The definition and matching relationship between the two are also the focus of criminal legislation and judicial interpretation.Studying issues related to “amounts” and “plots” is crucial for both legislation and justice.This article enumerates the provisions of criminal legislation on the conviction and penalty of corruption and bribery crimes in the history of our country,and horizontally compares the legislation on corruption and bribery crimes in extraterritorial countries and regions,and finds that their commonalities are only describing the nature of corruption and bribery crimes.The amount of innocence.In 1997,the conviction and sentencing standards for corruption and bribery crimes in China's Criminal Law were controversial,and the gap between the three sentencing levels was small.This was especially the case when corruption received bribes of more than 100,000 in one sentence,and seldom accounted for the circumstances.The injustice of the case.These criminal legislation issues are all urgently needed to be solved,so as to better coordinate criminal policies against corruption crimes.The 2015 Criminal Law Amendment(Nine)(hereinafter referred to as “Amendment 9”)made a major change in the conviction and sentencing standards for corruption and bribery crimes,stipulated a sum total,and improved the status of the plot in the conviction and sentencing penalty.There is room for independent application under the legislative provisions.This change in legislation makes the criminal law further improve and strengthen the regulation of corruption and bribery crimes.The dualization conviction and sentencing model of “amount or plot” has been positively evaluated by the criminal law community.In 2016,"Two Highs" promulgated the "Interpretation of Several Issues Concerning the Application of Law in Criminal Cases of Corruption and Bribery"(hereinafter referred to as the "Legal and Bribery Interpretation"),and made specific provisions on the amount and was larger than the amount in the Criminal Law of 1997.With the increase of the scale,the conviction amount has been raised from 5,000 to 30,000.At the same time,several scenarios have been stipulated and the application of the plot has been limited.The plot needs to be applied on the basis of a certain amount.This article believes that blindly raising the amount will have great disadvantages,it is not conducive to crack down on corruption crimes,and is inconsistent with the lower amount of crimes against property crimes.The “Spoiling and Bribery Interpretation” imposes a limit on the amount of the plot,forming a pattern in which the amount-based scenario is auxiliary to allow the plot to be independently applied to the space.It cannot be a more comprehensive and effective assessment of the more complex situations in which corruption and bribery crime may occur.This article suggests that the amount standard should be reduced rather than blindly promoted;and to increase the status of the plot,the amount can be stipulated as an episode,eventually forming the criteria for conviction and sentencing of the plot,and the difference between corruption and bribery crimes should be two.Separately provides the penalty standard,and to a certain extent,the penalty for bribery crimes should be appropriately heavier than the crime of corruption.