《刑法修正案(九)》(草案)的若干争议问题

Several Controversial Issues on the Draft of Amendment IX to the Criminal Law of the People's Republic of China

《刑法修正案(九)》(草案)回应了社会发展形势,根据"犯罪化"的需要增设了一些新罪,并消减了部分犯罪的死刑配置,立法思路清晰。社会公众尤其是律师界、网络服务业对刑法的修改极为关心,其建议需要立法者认真考虑;要充分评估刑法"由轻改重"可能带来的负面效果;对贪污贿赂罪犯从宽处罚的规定应该上升为总则性规定,应当将介绍贿赂行为作为受贿罪共犯论处,以使立法更为科学、合理。

The draft of Amendment IX to the Criminal Law of the People＇ s Republic of China has responded to the social development, added some new crimes based on the need of criminalization, and diminished and reduced the application of death penalty to some crimes, which have reflected a clear legislation roadmap. The general public, especially the lawyers circle and Internet service industry have paid utmost attentions to the amendments to the Criminal Law, and whose suggestions shall be carefully considered by the legislators. Meanwhile, the legislators shall fully evaluate the potential side effects resulting from the transformation of Criminal Law from light penalties to heavy penalties. The provisions, which apply lenient punishments to the crimes of embezzlement and bribery, shall be lifted to be the general provisions. What＇ s more, introducing bribes shall be regarded and punished as the conspirator to the crime of acceptance of bribes. All these suggestions will make legislation more scientific and reasonable.