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A Hierarchical Research On Sentencing Plot Of Corruption Crime

Posted on:2021-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:L Q XiaoFull Text:PDF
GTID:2416330614454213Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Since the 18 th National Congress of the Communist Party of China,the CPC Central Committee's crackdown on corruption crimes has always maintained a high-pressure situation,greatly demonstrating the CPC Central Committee's determination and perseverance in resolutely punishing corruption and achieving an "overwhelming" victory.However,after all,no final victory has been achieved.Corruption is still a tough bone to crack in the process of crime control.Since the implementation of the Ninth Amendment to the Criminal Law,although the phenomenon of "not guilty and punished" for corruption crimes has rarely occurred,the problem of "heavy punishment for minor crimes" or "light punishment for serious crimes",i.e.unbalanced sentencing,still exists,thus the function of the criminal law in punishing corruption crimes has not been brought into full play.Therefore,studying various problems existing in the anti-corruption struggle is still one of the issues that we should pay close attention to.To study and improve the function of the sentencing plot of corruption crime,to explore a more scientific and reasonable hierarchical system of the sentencing plot of corruption crime,and to realize the unification of the application of the punishment law for corruption crime,have both great theoretical value and important practical significance for promoting the standardization of the sentencing of corruption crime.Perfecting the hierarchical system of sentencing circumstances for corruption crimes is expected to greatly reduce the negative impact of improper factors on judges' sentencing,eliminate the phenomenon of unfair,dependent or light sentencing for corruption crimes,and construct a perfect prevention and punishment system for corruption crimes.Through the definition of the sentencing plot of corruption crime and its hierarchical concept,this paper points out many problems existing in the current unclear and weak systematization of the sentencing plot of corruption crime.Clarifying the connotation and extension of the sentencing plot of corruption crime and constructing a scientific and reasonable hierarchical system are important measures to eliminate the sentencing problem of corruption crime.The establishment of a scientific system of hierarchical sentencing circumstances for corruption crimes is to divide the sentencing circumstances for corruption crimes into two levels according to the theory of harmonious penalty basis,taking "the concept of limiting and preventing punishment of responsibility punishment" as a standard to reflect the degree of infringement of legal interests of corruption crimes and the degree of personal danger of offenders.The first level is "sentencing circumstances of responsibility punishment",which should be applied preferentially.When determining the liability penalty according to the sentencing circumstances of the liability penalty,the degree of legal interest infringement of each liability penalty shall be determined according to the degree of legal interest infringement of corruption crimes reflected by the circumstances at that level,and shall be applied from high to low according to the impact on the degree of legal interest infringement of criminal acts.The second level is "circumstances of special preventive punishment",which should be applied later.When determining the preventive punishment according to the circumstances of the preventive punishment,the degree of personal danger reflected by each preventive punishment shall be determined according to the degree of personal danger reflected by the circumstances at that level,and shall be applied according to the influence on the degree of personal danger from large to small.On the premise of adhering to the principle of comprehensive consideration and implementing the principle of prohibiting repeated evaluation,we should choose the three-step sentencing step of "statutory punishment ? responsibility type ? preventive punishment(declaratory punishment)",on the basis of adhering to the hierarchical mode of "responsibility punishment takes precedence over the application of preventive punishment circumstances",adopt the sentencing method of "adding in the same direction and reducing in the opposite direction",determine the type of responsibility on the basis of clear statutory punishment,adjust the preventive punishment under the type of responsibility,and finally determine the declaratory punishment.
Keywords/Search Tags:Sentencing Plot of Corruption Crime, Hierarchical, On the Basis of Punishment
PDF Full Text Request
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