Research On The Amount Of Punishment Points For Corruption And Bribery

The starting point is to distinguish the boundary between crime and non-crime,and it is also a tool to control the crime circle.The rise and fall of the penalty point and the control of criminal circle have always been the focus of criminal law.It is generally believed that the provisions of our country's penalty point stem from Article 13 of the Criminal Law,which stipulates at the same time the nature of the crime and its degree of harm in legislation,which is different from the one-piece legislative model of"legislative and judicial quanitification" in other countries.The definition of crime is known as the binary legislation model.The reason why China adopts the dual-legislation model mainly aims at controlling the size of the crime circle.It has certain rationality,but there are also many problems.After the "Criminal Law Amendment(9)",China's general standards for the starting point for corruption and bribery crimes were raised from 5,000 yuan to 30,000 yuan.Some scholars have argued that raising the penalty point can reflect the true level of the current social economy.Others believe that the judgment of crime is a complex issue and cannot be used to raise the penalty point.Through the reflection on the corruption case of Liu Tienan,it is concluded that an important reason for the high incidence of corruption cases in China is that the actor has no effective deterrence in the early stage of the crime,and the main reason is that China has adopted the standard of the amount of punitive points in the constitutive elements of the crime,resulting in the criminal law.The deterrence effect is greatly reduced.In addition,the setting of the amount of the punitive points also caused problems such as judicial rigidity;the amount was behind social and economic development;it did not meet the regional economic differences;and corruption and bribery crimes were not independent.The author proposes a solution to these problems:on the basis of the "Criminal Law Amendment(9)",the abolition of the amount of punishment in the crime of corruption and accepting bribes,and the lighter plot standards as new crimes of corruption and bribery The penalty point,and the amount of the crime only serves as the standard of measurement.The arguments for setting aside the amount of cancellation will not only effectively solve the above problems,but also be conducive to the realization of the principle of a legally prescribed punishment for crimes.In order to prevent some minor crimes from being included in the scope of criminal law after the abolition of the amount of provisions,resulting in excessive punishment,the author proposes to adopt the method of adding light penalties to reflect the principle of recidivism and punishment.The practice of removing the corruption and the amount of punishment for bribery offences requires that a perfect system be applied.Perfecting the criminal filing system and the penalty system is the precondition for eliminating the amount of penalty points for corruption and bribery crimes.Because the corruption and bribery crimes have extremely high concealment and the particularity of the subject of their crimes,it has caused various difficulties in the case filing.The "National Supervision Law" passed on March 20,2018 stipulated that the supervisory committee was responsible for the investigation of corruption and bribery.However,due to the internal approval of the organization and the lack of supervision over the rights of corruption and bribery crimes,the standards for filing corruption and accepting bribes may not be monitored.It will breed secondary corruption.The elimination of a specific amount of restrictions will facilitate the detection of cases and prevent the occurrence of corruption.In the penal system,China has always used administrative penalties plus criminal penalties.This has resulted in a single type of penalty and lack of light penalties.The removal of specific amounts of corruption offences and imprisonment points is bound to cause even more minor corruption.Behaviors are included in the scope of crimes,and the establishment of a complete penal system by increasing the qualifications penalty,community labor penalties,etc.not only conforms to the principles of recidivism and punishment,but also reflects the modestness of the criminal law and will also promote the overall progress of China's criminal law.