Study On The Amount Of Bribery In Bribery Crime

After the 18 th National Congress of the Communist Party of China,the attitude of anti-corruption in China became more and more clear and resolute,and the criminal laws and regulations of anti-corruption were constantly revised.As far as the crime of bribery is concerned,the biggest improvement is the combination of "amount + circumstances" in the amendment(IX)of the criminal law of the people's Republic of China(amendment(IX)),and the detailed conviction and sentencing standards for "amount" are convenient for judicial operation in the explanation of several issues concerning the application of law in handling criminal cases of corruption and bribery.However,the limitation of taking the amount of bribe as the leading factor to fight against bribery crime has not been completely eradicated.Based on this,this article takes the legislative and judicial issues of the amount of bribes in China as the research object,focusing on the problems of the amount of bribes in the allocation of penalties,judicial determination,and the relationship between the amount and the circumstances.The first chapter discusses the necessity and rationality of setting up the standard of the amount of the starting point of bribery in China.As far as rationality is concerned,the current specific standards for the starting point of the amount of bribes should be based on the basic amount standards for building a well-off society in 2020.The second chapter discusses the amount of bribery and penalty.In article 1-3 of the interpretation,there is a "blank area" with the amount of "plot" and the allocation of penalties.That is to say,there are(5 + 3)kinds of legal circumstances between 30000 yuan and 100000 yuan,which can only be applied to the same file of legal penalty with 10000-30000 yuan of bribe,without distinction,and there is a "theoretical" conflict.Similarly,200000 yuan-1.5million with three legal situations can only be applied to the same sentence level as100000-200000 yuan.Therefore,we should adopt the heavier penalty when the amount of bribery is between 30000-100000 and 200000-1.5 million.In the third chapter,the difficulties and problems existing in the judicial determination of the amount of bribery is discussed.There are three conditions to determine the amount of bribery in advance.First,it can not be separated from the critical condition of "seeking interests for others".Second,the amount is over 10000 yuan.Third,within the time limit of prosecution.For the determination of the amount of multiple bribes soliciting,if it meets the conditions of times(more than three times in two years)and amount(more than 10000 yuan),it can be liable toconviction,the amount do not need to reach 30000 yuan.There are two specific situations of soliciting bribes.First,the actor solicits bribes for the same reason from the same person three times,and the other party is forced to give three times,it should be determined as three times of bribes soliciting.The actor only solicits bribes once,and the other party offered bribes in three times,it should be determined as one time.In the second situation,soliciting bribes from different people for different matters.There should be two cases in the judicial determination of the amount of "untreated" bribery i.e."actively soliciting bribery" and "be bribed passively".Passive bribery with 30000 yuan,it can be liable to conviction.The amount subject to disciplinary action(Party discipline,administrative sanctions and liquidation)before treated shall not be accumulated,the amount of 30000 yuan can be accumulated subject to different people.For the crime form of soliciting bribes and the determination of the amount of bribes,accomplished criteria of "soliciting bribes" does not mean that "soliciting bribes" can be determined only if it meets the criteria of "soliciting behavior + actual acquisition of property".It can be determined to be accomplished only if the actor conducted soliciting behavior.For soliciting bribes,the amount only needs to be accumulated directly according to the amount claimed by the actor,if the actor does not get the actual property claimed,the sentencing just need to be lenient in legal range of punishment according to specific situation.The definition of attempted bribery should be analyzed in detail.If there is evidence to prove that the briber and the briber agreed to keep the property in the hands of the briber,and they have consumed part of the property according to the intention of the briber,the amount of the part should not be considered as attempted,and the amount of completed property is more reasonable.The fourth chapter discusses the relationship between the crime of bribery and the circumstances of bribery.In terms of conviction,the conviction of bribery should not be limited to amount;as far as sentencing is concerned,it puts forward specific criteria for implementing regional differentiation in amount,and establishes a systematic normative system in circumstances.