Study on the Convicted Function of Circumstances After Crime:Unfolding Through a Test Question in 2009 National Judicial Examination

Based on a test question in 2009 National Judicial Examination,the paper introduces the concepts and classifications of circumstances and circumstances after crime, then analyzes the function of circumstances after crime.As a circumstance in discretion of punishment,the circumstance after crime has an effect on sentencing in principle,but it can determine whether an act constitutes crime in exceptional cases,which is the function of conviction.There are eight provisions about the circumstances after crime that have the convicted function in both criminal code and criminal judicial interpretations,which not only considers the criminal policy,but embodies the thought of modest restriction spirit of criminal law.Such provisions are reasonable.Based on this theoretical foundation,the paper studies the judicial interpretation of bribe-taking crime.