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贪污犯罪如何定罪量刑影响着惩治贪污犯罪的力度和效果,是当下反腐败领域的基础和实务问题。刑法修正案九已经确立了贪污犯罪“数额+情节”的二元定罪量刑标准,虽然具体数额标准和情节设置有待司法解释近一步确立,但侦查工作必须提前谋篇布局适应现行二元定罪量刑的立法模式,笔者结合日常工作经验谈谈基层反贪对如何应对二元弹性定罪量刑立法的看法
How to Conviction of Corruption Crime Sentencing affects the intensity and effect of punishing corruption crimes and is the basic and practical issue in the current anti-corruption field. Amendment 9 to the Criminal Law has established the standard of dual-term conviction of corruption crime, “amount + plot”. Although the specific standards and circumstances of the case are subject to judicial interpretation, the investigation must be arranged in advance to meet the current dual criminal conviction Sentencing of the legislative model, the author combined with the daily work experience to talk about grassroots anti-corruption on how to deal with the dual flexible conviction and sentencing legislation view