On The Determination Of “Major Meritorious Service” In Bribery Crim

Article 45,Paragraph 2,of the Amendment(IX)to the Criminal Law of the People’s Republic of China,which took effect on November 1,2015(hereinafter referred to as the Amendment(IX)to the Criminal Law),stipulates: "If the briber confides to the bribery voluntarily before being prosecuted,he may be given a lighter or mitigated punishment.Among them,those who commit minor crimes,play a key role in solving major cases,or perform major meritorious services,may be given a mitigated punishment or be exempted from punishment." The special lenient provisions on bribery crime have been amended,especially the punishment of bribery crime has been increased,and the crackdown on bribery crime has been raised to a new height.However,in practice,there are still many problems in the determination of "major meritorious service" of bribery crime,such as arbitrarily expanding the scope of application of "exemption from punishment",leading to less investigation and punishment of bribery.Merit taking bribery "material" as the research object,the merit of bribery,on the basis of research at home and abroad for reference,the use of normative interpretation,the method of literature analysis,case analysis,the study of offering bribes to merit "significant" problem,for bribery merit "material" of the time factor,degree and so on carries on the concrete determination standards,established condition,and the recognition of the supporting measures for construction.The text of this paper is divided into four parts:The first part firstly introduces the legislative background and practical significance of the "significant meritorious service" stipulation of the crime of bribery,and analyzes the legislative significance of the "significant meritorious service" stipulation of the "Criminal Law Amendment(IX)" of the crime of bribery.By using the case analysis method to study some typical cases,it is concluded that there are still some problems in the determination of "significant contribution" of the crime of bribery,such as the need to clarify the applicable preconditions,the gap in the connection of law and law,and the failure to play a differentiated and disintegrating role.The second part analyze the identified problems,mainly using the method of normative interpretation,from the law and judicial interpretation basis,specific form important document,related standards(including the "major cases","scope","to the state and society have a significant contribution to the" standard)and the confirmation process and monitor and so on were analyzed,and the comprehensive analysis of the causes of the problem,so that targeted countermeasures are put forward.The third part of the crime of bribery "significant meritorious service" specific conditions to identify.Surrendered in 2010 projects on the processing and the opinions on some specific issues of college(hereinafter referred to as "opinions"),on the basis of the hot issues in the current supervision system reform to bribery merit "material" of the time factor and degree of standards that will be bribery "significant contributions" comparing with general major contributions,reduced contributions,then combining contributions established condition in theoretical research,clear bribery merit "material" of the established condition.At the same time,the paper analyzes the nature of bribery action,and further clears up the disputes in practice.The fourth part constructs the supporting procedure for the determination of"significant meritorious service" of bribery crime.In combination with the"Opinions" of the two high schools,the basic supporting measures for the determination of "significant meritorious service" of bribery crime are constructed,including the establishment of the notification system,the acceptance and registration system and the definition of the determination and confirmation of"significant meritorious service".Based on the inspection act of the People’s Republic of China(hereinafter referred to as the inspection act)and the points of the People’s Republic of China "(hereinafter referred to as the" points "),build the bribery "significant contributions" recognition of the special supporting measures,including establishing docking mechanism,supervision mechanism and false contributions punishment mechanism,and to put forward the examination and prosecution stage directly USES the proposal from the supervisory organs,making greater bribery special precision amplitude regulation and establish procuratorial organs early intervention mechanism and so on,implement bribery merit"significant" since the investigation stage to the action phase seamless docking,Thus plays a role in saving judicial resources,improving the efficiency of litigation,and promoting the diversion of procedures.