论受贿犯罪惩治中宽严相济刑事政策的运用

A Research of Issues on the Use of Criminal Policies of Temper Justice with Mercy in the Punishment of the Crime of Accepting Bribes

受贿罪是腐败犯罪的主要表现形式,历来是我国重点治理的犯罪行为之一,其惩治效果的优劣,对全党、全社会都具有极其重要的意义。受贿罪定罪量刑的主要依据为《刑法》中规定的该罪名之法定刑,然而,其法定刑设置中存在的诸多弊病已对受贿罪的惩治形成了司法上的阻碍,同时,法律的滞后性和长期的稳定性决定了期待通过完善受贿罪的法定刑进而满足迅速提升司法效果的迫切要求并非现实可行。在此情形下,运用刑事政策,弥补立法不足,当是防治受贿犯罪手段体系中不应被忽视的重要部分。"宽严相济"刑事政策乃构建和谐社会时代主题之下的刑事政策主旋律,通过科学设定受贿罪中的"宽""严"情节,在惩办受贿犯罪的司法过程中该宽则宽、当严则严、区别对待,从而使惩治犯罪的需要与刑罚实施的司法效果之间达到一种最大程度的"和谐"性平衡。

The crime of accepting bribes is a major form of corruption crimes. It has long been one of the mostly focused criminal behaviors in our country. The quality of the punishment effects is significant to the CPC and the whole society. The conviction and sentencing of the crime of accepting bribes is chiefly based on the items from the Criminal Law. Nevertheless, the many problems in its setting of the conviction have actually become the judicial obstruction in the punishment of the crime of accepting bribes. At the same time, the hysteretic nature and long-term stability determines that it＇s not feasible to intensify the judicial effects rapidly through perfecting the judicial conviction of the crime of accepting bribes. Under such a situation, u- sing the criminal policies to make up the defects of legislation should become an essential part of preventing as well as coping with the means and system of the crime of accepting bribes. The criminal policy of temper justice with mercy is the major tend- ency of criminal policies in the modern society, which is expected to be constructed into a harmonious one. By applying scientif- ically the ＂temper＂ and the ＂mercy＂ into the crime of accepting bribes, and in the judicial process of punishing the crime of ac- cepting crimes acting with ＂temper＂ and ＂mercy＂ differently in accordance with various situations, so that the needs of publish- ing criminals and the judicial effect of implementing punishment can altogether achieve a maximal ＂harmonious＂ balance.