A Study On The Determination Of The Amount Of The Special Subject Of Bribery In The Crime Of Bribery

The amount of the crime of bribery is both its conviction standard and its sentencing standard.The identification of the amount of the bribery crime is one of the important contents of judging the crime of bribery.In China,the identification of the amount of the bribe crime is mainly based on the combination of general provisions and specific provisions.The identification of the amount of special bribes is not specified by the way of the legal provisions in the current criminal law,but is specified in the way of judicial interpretation for determining the amount of special bribes.However,whether the general provisions in the legal provisions or the specific provisions in the judicial interpretation,there are many problems in adapting to the development of social economy and the in-depth implementation of the criminal law,which need to be solved.First of all,in the bribery crime amount,different countries have different rules,but the crime of bribery amount recognized in both legislation and judicial practice in seeking a more reasonable standard,explore the rationality and deficiency of cognizance of the crime of bribery bribery special matter amount from the provisions of the current criminal law in different periods in China in.Secondly,it explores the shortcomings of the identification of the amount of the special bribery crime in the bribery crime.First,the lack of uniform standards on the identification of special objects of the amount of bribery bribery object,different value judgment standard,the degree of social harm,identification standard of the amount is not exhaustive;Second,the amount of bribery in the bribery crime conviction and sentencing of the proportion is too high.To assess the value of special bribery object according to attribute itself and other general according to the normal market is essentially different,the special object of bribery amount is a problem;Third,special bribery object in the judicial practice it is difficult to achieve the amount that the standard of proportionality.For some specific objects,such as a piece of memorable photos,a special jade,in the eyes of different people,these specific objects have different value,if only in accordance with the general market value judgment,even difficult to achieve the bribery filing standards;Fourth,statistics in Shanghai area two years in the bribery crime of bribery special object that the verdict,and proposed some suggestions on the problem of lack of the special provisions of bribery object in the crime of accepting bribe:First,unified standards of special bribery object;Second,considering the circumstances of the crime,the comprehensive identification of special bribeobjects amount standard;Third,comprehensive evaluation of special bribery object the amount of standard;Fourth,according to the standard of bribery bribery object to determine the special crime amount.In addition,we discuss the criteria for determining the amount of some cases that are difficult or controversial in the acceptance of bribes.