反贪工作与贯彻宽严相济刑事政策

作为一种基本的刑事法律指导方针,宽严相济刑事政策在我国的刑事立法、司法实践活动中早有体现;但是,在司法实务过程中,以数额为主导确定定罪量刑幅度法定刑的规定,存在诸多法律或技术上的障碍和困惑,以及对贪污贿赂犯罪处理上宽严失衡客观情况的存在,都给全面贯彻宽严相济刑事政策造成了困惑和尴尬,因此,完善关于贪污贿赂犯罪的刑罚规范,并修改程序法以提高侦查机关依法打击贪污贿赂犯罪能力,将反腐败斗争纳入法治化轨道,同时完善反贪工作中运用宽严相济刑事政策的相关工作机制,成为贯彻宽严相济刑事政策的主要途径。

A Study on Implementation of the Criminal Policy of Combining Punishment with Leniency in Anti-corruption Work

As a basic guideline of criminal law,the criminal policy of combining punishment with leniency has been demonstrated in the criminal legislative and judicial practice for a long time in China.However,in judicial practice,the rule of convicting and weighing penalty mainly based on the amount of the illegally obtained assets,which become an obstacle to the implementation of the criminal policy of combining punishment with leniency along with the hampers and confusions in laws and technologies,and the unbalanced consideration between severe and lenient punishment of corruption and bribery crimes.Therefore,to perfect the rules in relation to criminal punishments of the corruption and bribery crimes,to amend the procedure laws so as to improve the investigation authorities' ability in combating corruption and bribery crimes,to fight against the corruption by law and to revise the working mechanism of implementation of the criminal policy of combining punishment with leniency in the fight against corruption would be the main methods to perfect the criminal policy.