Research On The Standard Of Conviction And Punishment For Bribery Crime

Due to the influence of Chinese legal tradition,legal development level,judicial practice and other factors,There are still many contradictions in our country's provisions on the standard of punishment for bribery.In?The Criminal Law Amended ??the stipulation of bribery crime was amended.The original conviction sentencing standard changed from Specific amount standard to amount amount +the plot standard.The amendment of legislation is worthy of affirmation but the former rule of law has not stopped.The subsequent judicial interpretation determines the judicial guidance standard for the conviction and sentencing of bribery crimes.Under the guidance of interpretation the advantage amount amount +the plot standard It's not given full play.udicial interpretation ignores the essence of bribery crime,increase the crime of bribery crime to 30,000 yuan make the crime who violating the law of bribery crime Get no penalty.the plot elements of sentencing whitch the judicial interpretation enumerates,not show the social harmfulness and harmfulness ofA person who commits a crime against bribery,more is the pledge of the need for policy;The modified bribery crime also ignores the overall consideration of the balance of other crimes;Bribery and corruption are two different types of crimes,It is wrong to apply the same conviction and sentencing criteria,violating the requirements of scientific legislation.For A lot of problems of laws and regulations and judicial interpretation,By examining the evolution of Chinese legislation and outside the legislative,combined with the needs of current criminal policy.Take the conviction and sentencing model of Bribery crime is independent of corruption,Construct the method of conviction witch depending on the bribery act,and the method of sentencing witch depending on the binary standard “The amount +The plot”,it is the feasible measures.