2014Journal of Hanshan Normal UniversityRequires access

On the Regulation and Improvement of Criminal Penalty on Corruption

Cui Yue-me

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Abstract

In order to prevent and crack down corruption,all levels of criminal penalty punishments have been established from the perspectives of personal status,behaviors,property,and international cooperation etc.,which are capable to take effects to some extent.However,due to the inconsistence and incoherence of the starting point of criminal penalty and penalty configuration,problems exist in the application of the current criminal penalty system,and needs to be perfected by strengthening the legislation.In this paper,the author aims to put forward following solutions:to raise the threshold of conviction of criminal penalty;not to count the amount of present criminal behavior as conviction foundation,but as measurement basis of it;more rationally,to create the legislation of punishment on corruption,to increase the distribution of qualifications punishments and to abolish death penalty.They are accessible to implement the punishment and educational functions and to play a leading role in the prevention and suppression of corruption.

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What this paper is about

In order to prevent and crack down corruption,all levels of criminal penalty punishments have been established from the perspectives of personal status,behaviors,property,and international cooperation etc.,which are capable to take effects to some extent.However,due to the inconsistence and incoherence of the starting point of criminal penalty and penalty configuration,problems exist in the application of the current criminal penalty system,and needs to be perfected by strengthening the legislation.In this paper,the author aims to put forward following solutions:to raise the threshold of conviction of criminal penalty;not to count the amount of present criminal behavior as conviction foundation,but as measurement basis of it;more rationally,to create the legislation of punishment on corruption,to increase the distribution of qualifications punishments and to abolish death penalty.They are accessible to implement the punishment and educational functions and to play a leading role in the prevention and suppression of corruption.

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Available abstract

In order to prevent and crack down corruption,all levels of criminal penalty punishments have been established from the perspectives of personal status,behaviors,property,and international cooperation etc.,which are capable to take effects to some extent.However,due to the inconsistence and incoherence of the starting point of criminal penalty and penalty configuration,problems exist in the application of the current criminal penalty system,and needs to be perfected by strengthening the legislation.In this paper,the author aims to put forward following solutions:to raise the threshold of conviction of criminal penalty;not to count the amount of present criminal behavior as conviction foundation,but as measurement basis of it;more rationally,to create the legislation of punishment on corruption,to increase the distribution of qualifications punishments and to abolish death penalty.They are accessible to implement the punishment and educational functions and to play a leading role in the prevention and suppression of corruption.

Key concepts: Conviction, Language change, Legislation, Punishment (psychology), Criminal law, Law, Foundation (evidence), Law and economics

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