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《刑法修正案(九)》在我国实行严厉打击腐败犯罪的政策和量刑失衡现象突出的背景下,对贪污、受贿罪的定罪量刑标准进行了调整,将犯罪情节和数额综合起来代替单纯的具体数额,这一修正严密了贪污、受贿罪的定罪法网,增强了处罚上的弹性和可操作性,但在新的立法模式下,贪污、受贿的情节需要加以明确,适用同一的定罪量刑标准不甚合理应该分立。
“Criminal Law Amendment (9)” In our country to crack down on corruption crimes policy and measurement of punishment under the background of prominent imbalance in the corruption and bribery conviction and sentencing standards were adjusted, the crime and the amount will be combined to replace purely specific However, under the new legislative model, the circumstances of corruption and bribery need to be clarified and the same standard of conviction and sentencing should be applied. However, the standard of criminal conviction of corruption and bribery should be strengthened. Very reasonable should be separated.