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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, the standard of conviction and sentencing for embezzlement and bribery in our country is a specific amount standard. Although this has brought some conveniences in judicial practice, there are also some problems that are not in conformity with the principle of fairness and justice, it is difficult to fully reflect the social harmfulness, Adapt to the principle, do not meet the social and economic development status quo and other issues. Therefore, “Criminal Law Amendment (9) (Draft)” will be revised to punish corruption and bribery conviction sentencing standards. However, this modification not only meets the requirements of the principle of adapting to crime and punishment, but also effectively resolves the problem of cross-over of the original punishment, and at the same time, it has reference to the criminal conviction of similar crime at home and abroad. Therefore, it is reasonable. However, at the same time, when amending the original standards, attention should be paid to further clarifying the standards of sentencing of sentencing of flexibility and the statutory and discretionary light and heavy penalties in the legislation and promulgating relevant judicial interpretations The amount of a certain range of restrictions, which will help improve China’s criminal law corruption and bribery regulations.