论文部分内容阅读
贪污罪和受贿罪一向是反腐败工作抨击的重点。《刑法修正案(九)》确立了贪污受贿犯罪“数额+情节”的定罪量刑标准,即确定了以概括性的数额与相应的犯罪情节为贪污受贿犯罪的量刑标准。并通过司法解释来确定数额的相对幅度,根据这个幅度科学的设定数额的具体标准。受贿罪在实质上与贪污罪仍有很大的差异,两罪共用同一个定罪量刑标准,不仅使得受贿罪的特征难以突出,也使得罪责刑相适应原则更难以得到切实的贯彻。
Corruption and bribery have always been the subject of attacks on anti-corruption work. The Amendment to the Criminal Law (IX) established the standard of conviction and sentencing for the crime of embezzlement and bribery “amount + plot”, that is, the standard of sentencing for the crime of accepting bribes for corruption with the sum of sum and the corresponding crime. And through judicial interpretation to determine the relative magnitude of the amount, according to this scale the specific set of standards for science. The crime of accepting bribes is still substantially different from the crime of embezzlement. The two crimes share the same standard of conviction and sentencing, which not only makes the characteristic of accepting bribes difficult to highlight, but also makes it more difficult to carry out the principle of adapting crime and punishment more effectively.