受贿罪的死刑适用标准研究——以1997年《刑法》颁布以来省部级高官受贿罪死刑案件的实证研究为切入点

A Study on Applicable Standards of Death Penalty for Bribery Crimes： Taking An Empirical Study On Death Penalty Cases Involving Provincial and Ministerial Level Officials Who Committed Bribery Crimes Since the Promulgation of Criminal Law in 1997 As the Breakthrough Point

尽管《刑法修正案（九）》对受贿罪的死刑适用标准进行了重大修改，《关于办理贪污贿赂刑事案件适用法律若干问题的解释》对此也予以了进一步的明确，但仍然存在某些明显缺陷，不利于受贿罪死刑适用的统一。因此，应当密切关注1997年《刑法》颁布以来省部级高官受贿罪死刑案件判决的动向。以责任和预防的关系为主线，从量刑方法论的视角，分别探讨责任情节和预防情节的认定，旨在准确评价极其严重的受贿罪的量刑责任，科学构建受贿罪的死刑适用标准的体系。

Although the applicable standards of death penalty for bribery crimes have been amended significantly in the Criminal Law Amendment （9）, it is further defined by ＂Interpretations of Several Issues Concerning the Application of Law Dealing with Criminal Cases of Corruption and Bribery＂ ,there are still some obvious defects which is not conducive to the unity of applicable standards of death penalty for bribery crimes. Therefore, it needs to pay more attention to the trends of judgments about the death penalty cases concerning the provincial and ministerial level officials taking bribes after the Criminal Law in 1997 ,take the relationship between the responsibility and prevention as the main line, and discuss respectively the identification the circumstances of responsibility and prevention from the perspective of sentencing methodology in order to accurately evaluate the extremely serious sentencing responsibility for taking bribes as well as scientifically constructe the system of applicable standards of death penalty for bribery crimes.