Research on the Sentencing Standards for Corruption and Bribery Crimes in China
DOI:
https://doi.org/10.54097/8rza3935Keywords:
Crime of Embezzlement and Bribery Sentencing Standards, The Lai Xiaomin Case Amount + Circumstances, Application of The Death PenaltyAbstract
With the in-depth advancement of China's anti-corruption campaign and the continuous improvement of the rule of law, the issue of sentencing standards for the crimes of embezzlement and bribery has increasingly become a focus of attention in criminal law theory and judicial practice. This article takes the bribery case of Lai Xiaomin as the entry point, systematically sorts out the evolution process of the sentencing standards for the crime of embezzlement and bribery in China from the "specific amount" model to the "amount + circumstances" model, analyzes the application logic and practical predicament of this model in judicial practice, and combines foreign legislative experience to put forward suggestions for further improving the sentencing standards for the crime of embezzlement and bribery in China. Research shows that the "amount + circumstances" model has progressive significance in achieving individual case justice, but there are still problems such as ambiguous circumstances determination and difficulty in ensuring balanced sentencing, which urgently need to be improved through measures such as refining circumstances determination, establishing a quantitative assessment system, and strengthening judgment reasoning.
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References
[1] National People's Congress of the People's Republic of China. (2015) Amendment (IX) to the Criminal Law of the People's Republic of China. National People's Congress, Beijing.
[2] The Supreme People's Court and the Supreme People's Procuratorate. (2016) Interpretation on several issues concerning the application of law in handling criminal cases of embezzlement and bribery. Supreme People's Court and Supreme People's Procuratorate, Beijing.
[3] Tianjin No. 2 Intermediate People's Court. (2020) First-instance judgment of Lai Xiaomin case (Case No. (2020) Tian 02 Xing Chu xx). In: Court Records, Tianjin.
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