The standard of conviction and sentencing of embezzlement and bribery is a major theoretical and practical issue due to its influence and effect on the punishment of embezzlement and bribery. Defects in current standard of conviction and sentencing of embezzlement and bribery in China have been identified such as being unable to reflect its social harmfulness comprehensively and timely and embody the principle of matching punishment with culpability so that the system coordination of sentencing between individual cases has been seriously influenced. This article believes that a compound standard of focusing on both ＂amount and circumstance＂ should be adopted, the legislative model of groups of crime should be introduced, and respective standard of conviction and sentencing should be established. To put it in another way, the legislation should separate the standard of conviction and sentencing of embezzlement from that of bribery, while requiring judicial interpretation to scientifically and reasonably define specific standards of amount to resolve such problems as trans-provincial conflicts in aoolving the standards.
China Legal Science