Research On The Amount Of Bribery Crimes

The corruption of power-for-money transactions is a major cancer and chronic disease facing today’s society,and it is also a key target of national governance.The "Criminal Law Amendment(9)" adopted the "amount or circumstances" legislative model to comprehensively modify the conviction and sentencing standards for corruption and bribery crimes.However,in subsequent judicial interpretations,the amount is still regarded as the primary consideration for corruption and bribery crimes.Regarding the determination of the crime of accepting bribes,before considering the circumstance elements,the corresponding amount should still be met.However,there are still many problems in the understanding and determination of the amount of bribery crime.There are still disputes in theory,and the practice is different in practice,which hinders the correct understanding and application of bribery crime.In this regard,this article adopts five parts to discuss the amount of bribery crimes.The first chapter macroscopically grasps the basic overview of the amount of bribery crimes.Starting from the amount of crime,it is clear that the amount of bribery crime only refers to the amount of crime in a narrow sense,and its nature is an essential element of crime.Through the longitudinal inspection of our country’s legal norms,the legislative model of the amount of bribery crimes in our country follows the basic tradition of the crime of taking stolen money and the punishment of stolen money.In terms of the prescribed model,the flexible summarization of the crime amount standard is more advantageous.The conviction and sentencing standards of bribery in my country are constantly evolving,and the key lies in the intricate relationship between the amount and the circumstances.The second chapter deals with the calculation of the amount of bribery crimes,and solves various problems faced in judicial practice.Generally speaking,the amount of bribery crimes should be calculated at a stable and uniform market price of the bribery property,preferably a valid price certificate,if there is a lack of proof or the proof is obviously unreasonable,then a valuation will be entrusted.For market prices that change over time,local principles at the time should be followed.At the same time,we need to deal with the relationship between the source price of the stolen goods,the price of the stolen goods and the market price.On the basis of following the above-mentioned general rules,comprehensive consideration of major bribery cases involving foreign currencies,bank cards,membership cards containing amounts,token cards(vouchers),houses,cars and other bulk items,as well as payment for the illegal activities of the bribe taker,etc.The peculiarities of common money and property involved in the case.The third chapter explores the determination of the co-existing amount of bribery.In academic theory,there are claims such as the completed amount theory,the cumulative calculation of the completed attempt amount,the distinction theory,the choice of a heavy penalty and the alternative theory of the completed amount;in practice,there are related claims of different approaches such as the cumulative calculation and separate treatment of the amount of completed attempts.The focus of controversy and disagreement lies in the failure to accurately understand the standard for the unaccomplished bribery crime.It should be clear that obtaining and actual control of bribery property is the standard for distinguishing the unaccomplished bribery crime.In the same act of accepting bribes,both attempts co-exist,should be calculated cumulatively,and the whole case shall be determined as an attempt.In multiple acts of accepting bribes,both attempts coexist and should be counted separately.The fourth chapter explores the determination of the amount of joint bribery crimes.In academic theory,there are viewpoints such as the amount of loot sharing,the amount of sharing,the amount of participation,and the theory of comprehensive amount;in practice,the current legal regulations and judicial interpretations have not given answers.In this regard,in principle,the amount of co-acceptance of bribes should be determined based on the amount of participation,but in exceptional circumstances,if the bribe acceptor lacks intentional knowledge of the total amount of co-accepted bribes,it should be determined based on the amount of personal income.The fifth chapter explores the determination of the amount of multiple bribes.The multiple times here are exponential times.After the reform of the supervision system,attention should be paid to the convergence of discipline and law.If the act of accepting bribes cannot independently constitute the crime of accepting bribes,it will be deemed "already dealt with" after the punishment of party discipline.Regarding the issue of cumulative calculation,each time the bribery can be independently convicted,it is directly cumulative;if part of the bribery cannot be independently convicted,it must be considered comprehensively and pay attention to the time limit.