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《刑法修正案(九)》的颁行使我国腐败犯罪的刑罚配置有了一定的发展,定罪量刑标准由“唯数额论”向数额与犯罪情节并重的二元化发展,更具合理性,但在死刑的存废问题、资格刑的配置问题以及非监禁刑适用等方面仍然存在较多的问题,需要进一步修改;任何刑罚措施的适用都必须从刑罚根据论角度寻找依据,在众多的刑罚根据理论中,“一体论”中的“帕多瓦尼”模式较为合理,应当以此作为指导,对腐败犯罪刑罚配置中死刑适用的必要性、资格刑适用的强制性、缓刑与免予刑事处罚适用范围限缩等问题从法定刑、宣告刑、执行刑三个阶段依据刑罚根据的不同具体分析。
The promulgation of the “Amendment to the Criminal Law (IX)” has given a certain degree of development to the distribution of penalties for corruption crimes in our country. The standard of conviction and sentencing is more rationally dichotomy from “the only amount theory” to both the amount and the crime. However, there are still many problems in the question of the existence and abolition of death penalty, the allocation of qualification penalty and the application of non-imprisonment penalty, which needs further revision. The application of any penalty measure must be based on the argument of punishment basis, According to the theory, the “Padovani ” model in “One Law ” is more reasonable and should be used as a guide to the necessity of applying the death penalty in the penalty allocation of corruption crime, And exemption from criminal penalties, such as the scope of application of restricted issues from the statutory sentence, declared punishment, the implementation of the three stages of punishment according to different specific analysis of the basis of punishment.