Research On Several Issues Of Law Application In Corruption And Bribery Crime Cases Under The Background Of "Criminal Law Amendment (9)"

"Criminal law amendment(nine)" on the three most frequently used-charges of corruption and bribery crimes of corruption,bribery and bribery have made important changes,modifications,the basic elements of the crime of corruption,bribery amount is still in the conviction and sentencing of the crime and play a decisive role,when the amount and circumstances goes by.If the amount between the plot standard and general standard,which is part of the amount in accordance with aggravating circumstances,the case of crime;the amount in more than half of the larger part of the amount standard,meet the statutory aggravating circumstances,you should follow the principle of proportionality to determine the case whether identified as "other serious circumstances" and sentencing status.The penalty when applicable,should be decoupled from the principal sentence,prohibited by improving the penalty punishment way to reduce the sentence to prevent buying punishment.As a result of exemption from criminal punishment,we will face double preferential penalties neither free nor fine.In order to prevent abuse,we should uniformly apply standards at the provincial level and strictly approve them.The specific content scope of corruption crime in particular situations,should be with the development of practice and continue to list expansion;bribery crime in particular situations,on the number of bribes should not be limited in time,determination of the loss should be identified and the loss of the crime of dereliction of analogy,the position adjustment should be made to seek the essence of understanding the object of punishment,should be limited to the positive adjustment of illegitimate interests based on corruption and bribery;common circumstances,can not be applied to bribery behavior and discipline,the scope of administrative sanction,intentional crime is not limited to corruption,bribery crime,definition of illegal activities should be based on criminal law,because of adverse effects and serious consequences of fuzzy concept that should adhere to the basic position of the provisions limiting the interpretation,the caution,use less;in the lenient circumstances,the applicable time node should be strictly limited in.Before the public prosecution,the affirmation of guilt and repentance is based on the criminal suspect's own attitude and is not affected by the defender's defense opinions."Criminal law amendment(nine)" after the implementation of bribery retroactivity should adhere to the basic principles of the old and light,the overall application of judicial interpretation,in principle,sentenced to punishments and additional fine penalty to the defendant,but the defendant should also respect for the right to choose for the old and new criminal law.Strictly on bribery behavior illegal proceeds and the recovery or confiscation,is conducive to the elimination of the case of fine penalty limitation and exempted from criminal punishment Kuanyan negative consequences are lost,its scope is not limited to the criminal suspect,defendant escape death cases,the illegal income confiscated program cases of documented behavior and because of the limitation of prosecution and other legal reasons do not investigate the criminal responsibility of the behavior of the per capita should be applied,the legitimacy of the illegal proceeds obtained and whether or not to return the resistance but recovered.