我国贪污贿赂犯罪量刑标准问题研究——以《刑法修正案(九)(草案)》为切入

Research on Standards of Corruption and Bribery Sentencing-With "Criminal Law Amendment(Ninth)(Draft)" for the cut

目前我国贪污贿赂犯罪的定罪量刑标准采用的是具体数额标准,这虽然在司法实践中带来了一些便利,但其中也存在着不符合公平正义原则、难以全面反映社会危害性、不符合罪刑相适应原则、不适应社会经济发展现状等问题。所以,《刑法修正案(九)(草案)》将拟修改贪污贿赂犯罪的定罪量刑标准。而这一修改既符合罪刑相适应原则的要求,又可有效解决原有刑罚交叉问题,同时具有国内外同类犯罪定罪量刑标准的可资借鉴,因此具有一定的合理性。但与此同时,在修改原有标准之时应注意在立法上要进一步明确"数额+情节"的弹性定罪量刑标准以及法定和酌定的从轻、从重情节,并颁布相关司法解释对数额作出一定范围的限定,从而有利于完善我国贪污贿赂犯罪的刑法规制。

At present, China's corruption and bribery conviction and sentencing standards has adopted specific standard amount, although this brought some convenience in judicial practice, but there are also incompatible with the principles of fairness and justice, it is difficult to fully reflect the social harm, does not comply with the principle of suiting punishment does not meet the social and economic development status and other issues.Therefore, the 'Criminal Law Amendment(ix)(Draft)' will be prepared to modify the corruption and bribery conviction and sentencing standards. And this change is consistent with the requirements of the principle of suiting punishment to crime, but also an effective solution to the existing cross-cutting issues penalties, both domestic and foreign criminal conviction and sentencing standards can learn, so it has a certain rationality. But in the meantime, we should revise the existing standards in the note on the legislation to further clarify 'the amount of + episode' elastic conviction and sentencing standards and statutory and discretionary lighter, aggravating circumstances, and enacted relevant judicial interpretation made of the amount range of limited, which is conducive to corruption and bribery Improvement of Criminal Law.