Study On Criminal Plot Of Accepting Bribes

Concerning people's confidence in the government,the bribery crime is harmful to society.Therefore,the party and country have always attached great importance to it and the anti-corruption achievements have been remarkable in recent years.However,in the work of investigating such crimes,procedures in judgments,prosecutions,trials,etc.led to a situation in which many judgments were out of touch with actual cases.The reason is that there is a lack of rules in legislation,and meanwhile there are no specific standards for operation in judiciary.Therefore,the “Amendment 9” determines the conviction and sentencing standard of the bribery crime as “the plot center system”,and the judicial interpretation clarifies the function of the sin of the case and the promotion of statutory penalty.However,issues such as the correct understanding and application of the new regulations,the excessively high amount of trial points,the lack of circumstance legislation and the repeatable evaluation of the application of the circumstance should be further discussed.Those issues are to be analyzed and discussed in this paper.First,analyze the importance of the application of the bribery crime.First of all,the important role of the bribery crimes in the circumstances in the conviction and sentencing is clarified by analyzing the concept and role of circumstances of crime.Secondly,through stipulation of the crime of accepting bribes in the history of our country,this paper analyzes the ideological evolution of China in dealing with bribery crimes and explores the ideological roots of modern legislation.Second,analyze the current provisions of China on the crime of accepting bribes.First of all,this article analyzes the provisions of Amendment 9 on the revision of the conviction and sentencing standards of bribery crimes and the judicial interpretation,which may lead to some problems in legislation and application.Secondly,it analyzes rationality of the new regulations and the problems that may be derived.Third,analyze problems in the specific application.First of all,combined with extraterritorial legislation,the problem of the increase in the amount is questioned.Secondly,it puts forward some suggestions on the lack of the criminal circumstances of bribery crimes and the idea of extraterritorial crimes.Again,An analysis is made on the issues of repeatable evaluation that are greatly likely to occur in the application of the circumstance.Fourthly,propose the perfect suggestions on the bribery crime in terms of the problem in the application.Firstly,as for the problem of the high amount,“zero tolerance” of the amount is put forward.Secondly,for the lack of criminal circumstances,the treatment measures of “Legalization” and “Vacuum Zone” are proposed according to the discretionary circumstance.Lastly,the paper gives the suggestions on prohibiting repeatable evaluation in the situations of incrimination and several crimes.