贪污贿赂犯罪特别从宽条款的适用研究

Study on the application of special leniency clause in corruption and bribery

《刑法修正案(九)》中贪污贿赂犯罪特别从宽条款的增设,作为立法者酌定量刑情节法定化的制度性尝试,对于推动案件进程、节约司法资源具有一定的进步意义。可是令人遗憾的是,学界对其设置必要性与妥当性的争论,并未在随后出台的司法解释中得到权威阐述,实践中部分操作难点仍缺乏明确的司法判断准则。现阶段的当务之急在于细化从宽处罚的规则设计,进而在有效配置刑罚强度让案件办理有据可依的同时,赋予法官适度的自由裁量空间,实现罪责刑相适应基础上的公平正义。

＂Criminal law amendment （nine）＂ additional crimes of corruption and bribery especially lenient terms, as legislators system of statutory discretion of sentencing attempt to promote the process of the case, sa,~e the judicial resources has certain progressive significance. But unfortunately, the academic setting necessity and appropriateness of the debate has not been described in the authority of judicial interpretation of the subsequent introduction, the practice part of operation difficulty is still a lack of clear standards of judicial judgment. This stage is a pressing matter of the moment design refinement rules of lenient punishment, and punishment in the effective allocation of the intensity of the cases handled according to at the same time, giving judges the discretion of the appropriate implementation of suiting punishment on the basis of fairness and justice.