A Probe Into The Determinants Of The Prescribed Punishment Of The Crime Of Bribery

With China's anti-corruption policy,the "criminal law amendment(nine)" and "some issues concerning the application of law in the handling of corruption and Bribery Criminal Cases Interpretation"(hereinafter referred to as the "interpretation")promulgated after the theory is the amount of crime or other circumstances showing a situation for the contention of a hundred schools of thought the punishment to the crime of bribery decision factors.According to the present law of China,the amount of the prescribed punishment determinant of the crime of bribery and the other plots are two yuan.There are three different theories on the determinants of the prescribed punishment of the crime of Bribery: "only amount theory","amount and plot dualism" and "plot one yuan".The amount of the crime of bribery is raised to 30 thousand yuan in the explanation,and the current legislator agrees that the amount of the crime of accepting bribes should be improved with the development of the economy.In order to improve the amount of the crime of accepting bribes,the theoretical circle still has an under performance.Legislators will stipulate eight other categories of bribery crime in the interpretation,but they are not classified.Duty not trading is the bribery crime against the legal interests,so the prescribed punishment of bribery crime and other circumstances should be the amount of two yuan balance mode;and the crime of bribery amount should not significantly increase;for other circumstances of the crime of accepting bribes shall make reasonable classification,divided into conviction conditions and the punishment to be upgraded condition.