On The Legal Punishment Disposition Of The Crime Of Corruption

Corruption has a long history, while the more serious corruption in our country, but this phenomenon also exists not only in our country, also has been plagued by the rest of the world in many countries and regions, is regarded as a kind of "international crime". The crime of corruption has become China’s criminal law focuses on the object of attack, the reason first it infringed the integrity of our public officials, again often result in the loss of a large number of public property, damage the vital interests of the state, even be cause of the downfall of the dynasty. Therefore, the scientific and rational punishment of the crime of corruption is of vital significance to the future prosperity and decline of a country. The topic of this paper comes directly in the amendment to the criminal law case nine "in Article 44 of the perfection of the legal punishment for the crime of embezzlement discussion, one of the highlights of this amendment is the legal punishment of corruption crime in the criminal law as the new attempt,add the qualification penalty and fines, the regulations for the first time lifelong imprisonment,and cancel the fixed amount of sentencing standards, change for the amount and corresponding to the double plot sentencing guidelines. In this paper, from the characteristics of the crime of corruption at all times and in all over the world legislation of its essence to its dregs. The discussion is focused on the " criminal law amendment " Nine " of corruption crime legal punishment to modify the progress, puts forward some reflections for the future of corruption crime legislation perfect. The amendment of the legal punishment of the crime of embezzlement is bound to cause a new round of discussion. The academic discussion on the crime of corruption is a very important theoretical significance to improve the legislation and guide the judicial practice.This paper is divided into four parts. The first part of the first part of the history of China’s ancient and modern history of the criminal law on the legal punishment of the crime of corruption, and the characteristics of its statutory sentence summary analysis. The second part discusses the extraterritorial is representative of all countries and regions(continental law system and Anglo American law system countries and China’s Hong Kong, Macao andTaiwan areas) corruption crime legal punishment disposition characteristic, and the relevant provisions of the overseas carding, analysis of the extraterritorial corruption crime the theory and practice of China by reference and does not conform to the provisions of the present condition of our country. In the third part, the first section summarizes the characteristics of the legal punishment of the crime of corruption in modern criminal law. The second section discusses the characteristics and defects of the crime of corruption in the judicial practice of China in 1997. The fourth part is the first day for the of "criminal law amendment" Nine "of corruption crime and legal punishment modification interpretation, the author will the revised summary of six sections, and enumerates the discussion. The second section elaborated China and the signing of the United Nations Convention against corruption" with the background of the treaty, and analysis of the accession to the United Nations Convention against corruption in our country corruption conviction and sentencing of the crime of. The third section is the author of several reflections to the future legal sentence of corruption crime legislation perfect.