社会主义法治理念视角下贪污罪起刑点的完善

Improvement of the Conviction for Corruption under the Socialist Rule of Law

以现行贪污罪起刑点存在着偏重于货币金额、起刑数额僵化、数额不公正和累计金额计算不周全等缺陷。应将贪污的次数、特定款物等情节作为独立于数额之外的起刑点标准。对数额起刑点标准,刑法典应只抽象规定数额较大,司法解释应当以公平正义为目标确定具体的区域适应性强的起刑金额。在起刑点数额计算上,仅作行政处理的贪污应当累计定罪处罚。

From the view of socialist rule of law, the present conviction for the crime of corruption has many defects, such as the emphasis on the amount of money, the rigidity of the amount of sentences, the injustice of the amount and the incomplete calculation of cumulative money. The standard of conviction contains not only the amount of money, but also the number of corruption and specific goods. Based on the principles of fairness and justice, definitive amount of corruption should be defmed by the Criminal Law. Furthermore, corruption which is treated as administrative case should be convicted and punished by its cumulative amount.