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我国《刑法》第八章专章规定了贪污贿赂罪,但是在贪污罪的量刑上,还存在很多争议,比如违背罪刑相适应原则,法条规定没有与时俱进,规定严厉但执行力度不足等。本文从案例出发,评析我国对贪污罪的量刑规定,并结合刑法修正案九草案的修法动向,提出关于贪污罪立法的一些修改建议。
The Chapter Eight of the “Criminal Law” stipulates the crime of embezzlement and bribery. However, there are still many controversies on the sentencing of embezzlement crimes. For example, it violates the principle that crimes and penalties are compatible. The law stipulates that they are not advancing with the times and the regulations are severe but the enforcement is inadequate Wait. Based on the case, this article analyzes our country ’s sentencing provisions on the crime of embezzlement crime, and puts forward some suggestions on how to amend the legislation on corruption crime by combining with the revision trend of the nine draft amendments to the criminal law.