On The Rationality Of The Dual Conviction Mode Of Corruption Crime

The establishment of a long-term mechanism to punish corruption is a century-old plan to ensure political prosperity and market integrity,and to punish corruption and bribery is the core task of the whole anti-corruption struggle.In recent years,with the deepening of the anti-corruption struggle in our country,the conditions of the establishment of crime and the allocation of legal punishment about corruption and bribery are obviously not suite to the actual needs.The Criminal Law Amendment(9)is based on the long-term consideration of the normalization and standardization of national anti-corruption struggle.It changes the crime of corruption from a single conviction mode to a compound conviction model,which puts new demands on normative theory and judicial practice.How to evaluate the extent of the infringement of legal interests and the subjective crime degree of corruption carefully and accurately by using the dual conviction mode related to the legitimacy and effectiveness of the application of criminal law.Based on this,this article analyzes the rationality of the dual conviction mode of corruption crime by analyzing the amount and the plot.This article is divided into five parts,about 31,000 words.The first part simply explains the existing structure of corruption crime and its origin,clarifies the essential elements of the crime of corruption and its specific contents,provides the background and lays the foundation for the following text to focus on the amount and plots;It analyzes the existing problems before the amendment of the crime of corruption and explains the reasons for the amendments;Centering on the revised conviction model of corruption crime,it combs the theoretical points of contention and doubts in judicial practice,highlights the significance and purpose of the topic,and provides the target and the bull's-eye for further discussion.The second part is about the appropriateness and the prolongation of the specific conviction standards for the interest infringement and the responsibility doctrine usage,so as to clarify specific conviction standard and demonstrate the nature of the crime of embezzlement.First of all,combing the development of the infringement of legal interests and the responsibility doctrine,clearing its contemporary connotation and logical connection,indicating that the investigation of other plots of corruption crime is the inherent requirement of these principles;Secondly,it is argued that under the principle of responsibility,thedynamic mastery of the structure and contents of corruption crime should be based on the serious infringement of legal interests;Finally,it focuses on the amount and other factors that affect the extent of the infringement of the legal interests of corruption crime,and clearly define the status and roles of different elements in the conviction.The third part,based on the provisions of the current criminal law norms and judicial interpretation,systematically analyzes the amount element in the qualitative process of corruption crime;.First of all,the reasons and principles of determining and dividing the amount of corruption crime are analyzed;secondly,this paper puts forward specific views on the contentions and doubtful points raised by the adjustment of the amount,and explains the specific criteria and basis for the selection of the plots when reducing the amount;thirdly,the rationality of the modification of the crime of embezzlement is explained by the experience of the cases.The fourth part focuses on the impacts of objective facts such as means,duration and frequency on the specific infringement degree of criminal law protection.Because of the accumulative calculation of the amount of unpunished embezzlement in the criminal law of our country,and the continuous crime is usually dealt as one crime in the judicial practice,that makes the amount have a large space of quantitative determination,thus weakening the role of other plots.In spite of the same amount represent the same degree of loss of state property,the perpetrator used his position to facilitate multiple corruption,which tends to keep the corruption in a continuous state.Therefore,it is necessary to analyze the negative impact of multiple corruption and to discuss the feasibility of it as a crime.The fifth part is to reveal the amount of crime marked by the degree of subjective fault.This paper analyzes the role of the will and the degree of the perpetrator in the identification of the quantity of crime;on this basis,in the case of the state property rights have not yet been actual damage,the legitimacy of the punishment of attempted corruption is demonstrated;although disgorging ill-gotten gains can not directly affect the amount of crime,but it can be based on the need of criminal policy to reduce the punishment of the perpetrator,and according to the necessary punishability,it shows the rationality of the proviso of Article 13 of the Criminal Law.