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尽管《刑法修正案(九)》对受贿罪的死刑适用标准进行了重大修改,《关于办理贪污贿赂刑事案件适用法律若干问题的解释》对此也予以了进一步的明确,但仍然存在某些明显缺陷,不利于受贿罪死刑适用的统一。因此,应当密切关注1997年《刑法》颁布以来省部级高官受贿罪死刑案件判决的动向,以责任和预防的关系为主线,从量刑方法论的视角,分别探讨责任情节和预防情节的认定,旨在准确评价极其严重的受贿罪的量刑责任,科学构建受贿罪的死刑适用标准的体系。
Although the “Amendment to the Criminal Law (IX)” made major changes to the applicable standards of the death penalty for the crime of accepting bribes, the “Explanation of Several Issues Concerning the Application of Law in Criminal Cases of Corruption and Bribery” has been further clarified, but some obvious Defects, is not conducive to the unity of the death penalty for the crime of accepting bribes. Therefore, we should pay close attention to the judgments of death penalty cases involving bribes by provincial and ministerial level officials since the promulgation of the Criminal Law in 1997, and take the relationship between responsibility and prevention as the main line. From the perspective of sentencing methodology, In accurately assessing the extremely serious sentencing responsibility of accepting bribes and scientifically constructing the system of applying the standard of death penalty for accepting bribes.