Research On Judicial Application Of "Non-Amount Circumstances" In The Crime Of Bribery

In order to meet the needs of anti-corruption work under the new situation,the Amendment to the Criminal Law（IX）raised the impact of "non-amount circumstances" on the conviction and sentence of bribery,and then the "two high authorities" further clarified the "non-amount circumstances" in the judicial interpretation of bribery.The "non-amount circumstances" were further clarified in the judicial interpretation of corruption.Since "non-amount circumstances" are somewhat more ambiguous than amount circumstances,it is necessary to study the specific application of "non-amount circumstances" in the practice of bribery.This paper takes the published second instance bribery adjudication documents of Inner Mongolia Autonomous Region as samples and summarizes the "non-amount circumstances" in the judicial application,such as the obvious reliance of "other crime circumstances" on the amount and the individual "non-amount circumstances".Based on the theories of prohibiting repeated evaluation and protecting legal interests of bribery,we analyze the root causes of the problems at the levels of legal regulations and judicial practice,and propose the construction of an independent evaluation system of amount and "other criminal circumstances",and the construction of a "class composition element complex".We propose to build an independent evaluation system for the amount and "other criminal circumstances",set "non-amount circumstances" on the basis of the viewpoint of "composition element complex",strengthen the guidelines for the standardization of judicial application and enhance the ability to standardize the application of "non-amount circumstances" in order to solve the current problem of "nonamount circumstances" of bribery.The current problems in the judicial application of "non-amount circumstances" of the crime of bribery,by enhancing the role of such circumstances in the determination of crimes and the determination of penalties,better improve the criminal and penal system of the criminal law to prevent and punish the crime of bribery.