Legislative Perfection Of Conviction Standard Of Bribery Crime

The conviction standard of bribery crime is not only related to the evaluation of bribery,but also to the scope and punishment of bribery crime.At present,the crime of accepting bribes has established the conviction standard of"amount + ircumstance”.In the case of conviction of amount,the standard of conviction needs to reach a higher amount,and in the case of conviction of circumstances,the amount also has a higher requirement.Therefore,the legislation of bribery crime in our country adopts the mode of "taking amount as the center" of conviction.In judicial practice,on the one hand,bribery below the statutory amount can not be convicted and punished,on the other hand,the plot does not have an independent function of conviction,no matter how serious the plot is,if the bribery received does not meet the statutory amount standard,it can not be convicted and punished.This "amount-centered" conviction standard can not fully assess the social harmfulness of bribery,especially the evaluation of non-amount and small-amount bribery,so it can not play an effective role in preventing and combating bribery crime.It leads to the spread of bribery below the statutory amount and non-amount bribery,which is difficult to achieve the purpose of crime prevention in criminal law.On the basis of reflecting on the problems existing in the conviction standard of bribery crime,this paper adapts to the international development trend of anti-bribery crime and sets the conviction standard of bribery crime scientifically and reasonably.We should expand the scope of crackdown on bribery in order to better safeguard social fairness and justice.In the process of studying the conviction standard of bribery crime,the research methods adopted in this paper are mainly literature research,case study,historical research,comparative research and so on.This article combines the "Criminal Law Amendment(9)" and relevant judicial interpretations to analyze and demonstrate the historical evolution of bribery crime in China,makes a comparative study of the legislative status of bribery crime abroad,and points out the existing problems in the legislation of bribery crime in China.This article holds that under the current legal framework,the conviction standard of bribery crime should be lowered.On the one hand,referring to the amount of larceny conviction,reduce the amount of bribery conviction;on the other hand,build a relatively independent conviction legislative model,while expanding the scope of "bribery" definition,the implementation of differentiated regional conviction standards.By reducing the conviction standard of bribery crime,we can not only play a relatively independent conviction function of the plot,strengthen the applicability of the plot in judicial practice,but also expand the scope of attack on bribery by reducing the amount of conviction of bribery crime,and enhance the deterrent force of criminal law on bribery crime.This article is divided into four parts to discuss:First of all,the preamble discusses the background of bribery conviction standards,research status and research methods.The first part of the text studies the definition and legislative status of the conviction standard of bribery crime,including the concept of bribery crime,the definition of the conviction standard of bribery crime,the legislative changes and status quo of bribery crime.The second part investigates the conviction standard of extraterritorial bribery crime,including the relevant legislation of extraterritorial bribery crime and the reference of extraterritorial legislation.The third part reflects on the conviction standard of bribery crime in China,and analyses the shortcomings.The fourth part discusses the legislative improvement path of the conviction standard of bribery crime,and puts forward specific improvement measures.