| In recent years,China continues to crack down on corruption,and corruption is a major focus of the corruption problem.On the one hand,the amount of corruption is the focus of public attention and it plays a very important role in the conviction and sentencing of corruption crimes.On the other hand,after the amendment of Criminal Law(IX),China has established the legislative model of "amount" plus "circumstances",but in judicial practice,the amount of corruption is still regarded as the decisive element for the conviction and sentencing of the crime of corruption.There are still some problems in the current criminal law,such as vague definition and unbalance of standards.Therefore,if the amount of corruption is not further improved and reasonable evaluation,it is bound to violate the spirit of the current criminal law and judicial interpretation as well as judicial justice.This paper is divided into four parts to analyze the amount of the crime of corruption.The first part introduces the general situation of the amount of corruption crime.Firstly,by tracing the past legislation and improvement process of the amount of the crime of corruption,the basis of the amount of the crime of corruption is briefly discussed.Secondly,by referring to the viewpoints of different theories on the amount of corruption crime in the academic circle and combining with my own understanding and analysis,I give a more comprehensive concept of the amount of corruption: it refers to the property interests that the actor actually obtains by means of corruption,which determine the conviction and punishment of the actor.At last,by discussing the different specific objects of the crime of corruption,the author summarizes how to determine the amount of corruption.The second part mainly focuses on the relationship between the amount of corruption and the conviction of the crime of corruption,and respectively analyzes the impact of the amount of corruption on the conviction of the crime of corruption: the introduction of the new judicial interpretation directly leads to the part of the act that should constitute the crime of corruption,but now because the amount of corruption is not high enough,it is not dealt with as the crime of corruption.From this point,the amount of corruption directly determines the perpetrator into the crime or out of the crime;The influence of the amount of corruption on the establishment of the crime of corruption or the crime of general property: when the actor commits a corruption act and fails to establish the crime of corruption due to the insufficient amount of corruption,it can also constitute other crimes of general property;The influence of the amount of corruption on whether it constitutes an ordinary crime or a derivative crime: because different amount of corruption can constitute the basic crime and the aggravated crime of different degrees;There is also the influence of the amount of corruption on the circumstances under which the crime of corruption is established,accomplished or attempted: once the actor fails to achieve his purpose for reasons other than his will,the attempted crime can be established,whether or not the actual amount of corruption is obtained does not matter.There are also five aspects of the impact of the amount of corruption on the extent to which the total criminal in the joint crime of corruption bears the responsibility.The role of the amount of corruption in the whole conviction process and under different circumstances is discussed in detail.The third part discusses the relationship between the amount of corruption and the punishment of the crime of corruption.In general,the amount of corruption is not the only standard for sentencing,but it has always been the main objective basis,and in many cases directly determines the severity of sentencing.Comparing with the old criminal law,we can find that the Amendment to Criminal Law(IX)and the latest judicial interpretation are more reasonable in the setting of the criminal law and the amount of corruption,which makes the level of corruption more closely related to the level of legal punishment.But for the most serious offenders,the scale is too broad.The role played by the amount of corruption was also crucial in the special provisions for the imposition of the death penalty for corruption.The fourth part of the content of the main combination of the foregoing discussion,the current criminal law in the amount of corruption in the legislation and judicial shortcomings still exist.For example,the relationship between the amount and circumstances in the crime of corruption is ambiguous,and the amount is more important than the circumstances.For example,the level of corruption is so high that it exceeds the average level of development in some regions.Blindly increasing the number of convictions will make more state workers feel lucky,which is not conducive to reducing the possibility of crime at the source.In addition,the amount of corruption and the amount of general property crimes are somewhat unbalanced.The crime of corruption not only impinges on the integrity of the official behavior of the state,but also causes losses to the public property of the state and the collective.Its social harm is much greater than the general property crimes.However,the relevant provisions of the amount of crime,is relatively lenient to the crime of corruption,but the general property crime is stricter.For example,when the amount of the perpetrator’s corruption is in the range corresponding to the heavier legal punishment,it can reflect the perpetrator’s greater subjective malice.At this time,the corresponding amount of the crime should be reduced rather than expanded,which is in line with the more severe criminal policy.But the fact is just the opposite,want to make up for the unreasonableness of the amount of embezzlement must be combined with the circumstances of the crime.There are also too absolute standards on the amount of corruption,which fail to take into account the differences in the level of regional economic development and the social harm caused by different regions in different periods or the same period.If the law is forward-looking and stable,there must be a period of time before or after the law is made.The fifth part gives some Suggestions for the above problems: first,to establish the concept of sentencing balance,according to the principle of culpability and punishment to adapt to the reasonable setting of the crime of corruption conviction sentencing standards.Secondly,the rules to be observed in determining the amount of corruption should be based on the specific form of the crime;Abiding by "local and current rules";Subsequent ACTS shall not affect the determination of the embezzled amount;Preferential application of appraisal opinion.Third,we should further deal with the relationship between the amount and the plot,effectively improve the status of plot,get rid of its dependency as the amount.Fourth,can with the help of the mature technology to create a more flexible way of amount of change,to regional social and economic development level and the basis of the citizen income level,changes in the amount on a regular basis in a timely manner,and will change the rules to regulate the form of a "fixed",released to the public in advance,make the amount of corruption standard is more flexible coordinated with social reality,and still predictability and practical guidance to citizens. |
