从理论到审判数据:受贿罪独立量刑体系的建构

From Theory to Trial Data: Construction of an Independent Sentencing System of Bribery

受贿罪依照贪污罪法定刑量刑的立法模式,已难以适应新时期反腐需要。依照刑模式与同一刑理论基础存在冲突,刑法与最新《解释》的条文间也难以自洽,同时依照刑模式造成了司法实践中受贿罪量刑的严重失衡。受贿罪法定刑应当独立设置,国内外相关立法经验和国内的理论研究及司法操作,为受贿罪独立量刑体系的构建提供了可能性基础。在建构路径上,应当在刑法中设立独立的量刑条文,设置更严密的数额和情节划分,完善受贿罪双轨制量刑体系。

Bribery has been difficuh to meet the needs of anti-corruption in the new era in accordance with the legislative mode of punishing bribery. According to the conflict between the criminal mode and the same criminal theory basis, it is also difficult to be self-con- sistent between the criminal law and the latest ＂interpretation of bribery＂. At the same time, according to the mode of punishment, the serious imbalance of sentencing of bribery crime in judicial practice has been caused. The legal punishment of bribery crime should be set up independently. Relevant domestic and international legislative experience as well as domestic theoretical research and judicial operation provide the possibility basis for the independent sentencing system of accepting bribes. On the path of construction, an independent statutory provision of the criminal law should be established, a more stringent amount and division of plot should be set up to further improve the dual punishment system for the crime of accepting bribes.