贪污受贿犯罪定罪量刑标准问题研究

On the Standard of Conviction and Sentencing of Embezzlement and Bribery

贪污受贿之定罪量刑标准关乎惩治贪污受贿犯罪的力度和效果,是我国刑事法治领域重大的理论和实务问题。当前我国贪污受贿的定罪量刑标准存在难以全面适时反映贪污受贿个罪的社会危害性、不能充分体现罪责刑相适应原则、影响个罪之间罪刑设置的体系协调等问题。本文认为,应确立"数额+情节"的二元定罪量刑标准,引入罪群立法模式并明确各自定罪量刑标准,受贿罪与贪污罪的定罪量刑标准应实行分立,由司法解释规定并科学、合理设定具体数额标准,妥善解决数额标准适用时的省际冲突等问题。

The standard of conviction and sentencing of embezzlement and bribery is a major theoretical and practical issue due to its influence and effect on the punishment of embezzlement and bribery. Defects in current standard of conviction and sentencing of embezzlement and bribery in China have been identified such as being unable to reflect its social harmfulness comprehensively and timely and embody the principle of matching punishment with culpability so that the system coordination of sentencing between individual cases has been seriously influenced. This article believes that a compound standard of focusing on both ＂amount and circumstance＂ should be adopted, the legislative model of groups of crime should be introduced, and respective standard of conviction and sentencing should be established. To put it in another way, the legislation should separate the standard of conviction and sentencing of embezzlement from that of bribery, while requiring judicial interpretation to scientifically and reasonably define specific standards of amount to resolve such problems as trans-provincial conflicts in aoolving the standards.