The Judicial Application Of Paragraph 3 Of Article 383

There is a new addition to clause 383 in the Amendment(IX)to the Criminal Law of the People’s Republic of China,stating “an individual who embezzles a relative large amount of public funds,or if there are other relatively serious circumstances,confesses his crime before prosecution,shows true repentance after committing the crime,and gives up the embezzled money of his own accord,he may be given a lighter or mitigated punishment,or he may be exempted from criminal punishment.if the amount is huge,or if there are other serious circumstances,and if the amount is especially huge,or if there are other especially serious circumstances,he may be given a lighter punishment.”The article 386states“Whoever has committed the crime of acceptance of bribes shall,on the basis of the amount of money or property accepted and the seriousness of the circumstances,be punished in accordance with the provisions of Article 383 of this Law.” None judicial interpretation of the paragraph 3 of article 383,has caused confusion and comprehension on the applicable dispute.This article will take a certain number of relevant judgment documents as samples,to find out the existing problems,and to discuss the relationship between those relevant laws.The first chapter mainly introduces the current judicial status and problems about the application of the paragraph 3 of article 383.The second chapter mainly discusses the rationality of legislation of the paragraph 3 of article 383.The author will discuss the evolution process of it.It embodies the criminal policy of temper justice with mercy,the criminal justice policy of less arrest and cautious prosecution and detention.The third chapter mainly comparing the differences between the paragraph3 of article 383 and article 67,article 36,article 37 and so on.The last chapter mainly discusses the application of the paragraph 3 of article383 in the judicial practice.