The Research On Plot Settings Of The Crime Of Corruption And Bribery Based On The Principle Of Responsibility

The modern sense of responsibility is negative responsibility.It is both conviction and sentencing principle,and closely related to the basis of determine penalty.To guide the conviction and sentencing of individual crimes under the principle of responsibility,it is necessary to follow the general rules of distinguishing conviction and sentencing circumstances and making functional division of sentencing circumstances.The amendment to the criminal law(ix)abolished the stipulation on the specific amount of corruption and bribery crimes,and modify the pattern of conviction and sentencing for uncertain amounts or plots.The subsequent judicial interpretation of corruption and bribery specified the standard as the plots attached to a lower amount of corruption or bribery,and nine aggravating plots affecting the conviction and sentencing of bribery crimes are listed.Part of the plots and its application are in violation of the principle of responsibility.First,the statutory punishment mode of corruption and bribery crime is not differentiated,the pattern of plots attaching to the amount of bribery crime is wrongly set.Second,the plot does not reflect the progressive level of responsibility.Third,the the setting of prevention punishment plot has the risk to breakthrough liability limit.Fourthly,some cases may violate the principle of prohibition of repeated evaluation in the process of application.Fifth,the plots of offering or accepting bribes are lack of correspondence.As the above problems are reflected the fundamental problems that the meaning and degree of responsibility are not accurately reflected in the process of establishing penalty and sentencing.Therefore,it is necessary and feasible to introduce the theory of responsibility into the sentencing theory and practice of our country,which can provide sufficient basis for applying the theory of responsibility in the judicial interpretation of bribery crime and sentencing practice.From the principles and general rules of the principle of responsibility,to improve the setting of plot and applicable regulations,the following aspects need to be done:Firstly,The standard status of the plots of bribery crimes should be raised so that the plots play a subsidiary conviction and independent sentencing role.Second,the plot of basic offense and the plot of aggravated offense should be typed according to the degree of infringement of legal interests.And,he plot of offering or accepting bribes should be corresponding to each other.Third,the responsibility penalty should be strictly used to restrict the prevention penalty.Forth,the principle of prohibiting repeated evaluation should be strictly observed in conviction and sentencing.