Research On The Application Of Non-amount Plot In The Conviction And Sentencing Of Bribery

The construction of party style and clean government is related to the prosperity of the party.Since the 18th National Congress of the Party,the party and the government have attached great importance to the fight against corruption and bribery crimes.As a typical crime type of job crime,the crime of taking bribes has always been the focus of the fight."Criminal Law Amendment(9)" and "Interpretation of Several Issues Concerning the Applicable Laws in Handling Criminal Cases of Corruption and Bribery" include the elements of the plot into the factors affecting the conviction and sentencing of the crime of bribery.The application of the amount of the plot has a strong dependence on the amount.The amount of bribery is still the central position as the most direct manifestation of the social harm of the criminal act.The non-quantity plot is actually difficult to apply independently,and it is difficult to truly realize the legal interests protected by the crime of bribery."Non-tradable" full protection,which leads to a vacuum against criminal law.Through empirical research on randomly selected judgments of 124 bribery cases in Shandong Province from 2015 to 2019,it is found that after the implementation of the "Interpretation",the amount still dominates the conviction and sentencing of the bribery crime,and the non-amount plot "criminal threshold determination" and " The two functions of "legal penalty range selection" are difficult to function independently.The application of eight specific non-quantitative plots is also very limited,basically reduced to the "zombie clause";in terms of the application of non-quantitative plots,surrender,confession,and guilty attitude are better The non-quantitative plots such as repatriation and stolen money are more frequently applied than the more serious ones,which has a greater impact on the sentencing of bribery crimes.Among them,sincere repentance and good confession attitudes are the most widely used punishment circumstances,the most widely applied is to ask for bribes and seek improper benefits for others.In the judicial practice,the subordinated circumstances are determined less frequently,and the cases of lowering the threshold of crime due to the subordinated circumstances rarely occur.Their impact on the main sentence in the sentencing is extremely small,and it has a more obvious impact on additional penalties such as fines.This reflects the existence of a series of problems in the current conviction and sentencing standards for bribery crimes,because the non-quantitative plot' s dependence on the amount is too large and the plot's own design defects lead to the marginalization of the plot.Exist,in addition,the "Interpretation" has included the disciplinary sanctions into eight non-amount plots,but its application efficiency is low,and the purpose of strict governance is difficult to achieveBased on the legislative and judicial status of bribery crimes,in the construction and application of conviction and sentencing standards for bribery crimes,on the one hand,it is necessary to eliminate the original influence of quantitative theory,adhere to the standpoint that the amount is parallel to the plot,and actively build a plot-based conviction sentencing evaluation system,Further standardize the determination and application of the plot,design the plot according to the type,and strengthen the sentencing guidance by guiding cases and quantifying the standard of sentencing;for the shortcomings of the current trial model of conviction and sentencing in China,we should refer to the countries of the Anglo-American legal system Models,suggestions for the development of independent sentencing procedures,clarification of the division of responsibilities,suggestions for improving sentencing by the procuratorial organ,and strengthening of sentencing reasoning for regional differences in sentencing,differentiated regional conviction and sentencing standards should be implemented to move towards differentiated uniformity;The non-quantitative plot that was once subject to disciplinary action for corruption,bribery,and embezzlement of public funds should be strengthened in its application under the premise of further clarifying its connotation,in order to punish prevention and control of corruption through the double sword of anti-corruption in party discipline and judicial anti-corruption.