Problems In The Conviction And Sentencing Standard Of Bribery Crime And Its Perfection

Since the 18 th National Congress of the Communist Party of China,China has set off a wave of anti-corruption that has swept the country.Under the strong anti-corruption of "fighting tigers and flies",corrupt officials of all levels have fallen,and that have achieved remarkable results in anti-corruption.However,in this process,the problems in the legislation of accepting bribes have surfaced.The introduction of the 2015?Criminal Law Amendment(IX)? improved this situation,and through the new "amount + plot" binary standard,based on the criminal plot to measure the social harm caused by criminal behavior,according to this,as a reference for sentencing,In order to achieve the effect of the crime.In order to make the ?Criminal Law Amendment(IX)?have good applicability,the Supreme Law and the Supreme Inspection issued a judicial interpretation in 2016,setting specific standards for the conviction and sentencing of the judicial practice.At the same time,it also highlights that the current conviction and sentencing standards for bribery in China are difficult to comprehensively reflect the social harmfulness of corruption and bribery,can not fully reflect the principle of adaptation of crimes and punishments,affect the system of crimes between crimes and life imprisonment.Problems such as the existence of rationality.In this paper,based on the ?Criminal Law Amendment(IX)?and related judicial interpretations,this paper studies and discusses the criteria for conviction and sentencing of bribery crimes in the current criminal law,clarifies the positive positive significance,summarizes the existing defects,and draws on the outside world.Based on this experience,the author puts forward the perfect countermeasures for the criteria of conviction and sentencing for accepting bribes.This article is composed of three parts: The first part is an overview of the conviction and sentencing standards for bribery in China,and introduces and analyzes the two aspects of legislative provisions and judicial interpretation.The adjustments to the conviction and sentencing standards of bribery crimes in different periods are sorted out and explained,and the characteristics are explained.The second part discusses the specific problems in the conviction and sentencing standards of bribery crimes in China,and clarifies the ?Criminal Law Amendment(IX)? and judicial interpretation.The positive contribution,and based on the theoretical and practical perspectives to clarify the shortcomings;the third part is to learn from the successful experience of the conviction and sentencing standards of the bribery crimes in the civil law system and the common law system,and based on China's basic national conditions,targeted The perfect countermeasures for the criteria of conviction and sentencing for accepting bribes.