Abstract:
Related Terms of “Judicial interpretation concerning the application of law in the handling of criminal cases of corruption and bribery” issued by both the Supreme People's Court and the Supreme People's Procuratorate stipulate that“receiving Party penalty for corruption, bribery and embezzlement of public funds”should be taken as“other serious circumstances”and given criminal law evaluation. Party discipline is given criminal law significance for the first time, which not only is a practical need of the current anti-corruption practice, but also is theoretically supported by political ethics and legal principles. Taking the relevant provisions of “Explanation” as an example, the application of the provisions of“Party Discipline into Criminal Law”should be based on the doctrine of criminal law, clarifying the meanings of“once”,“Party discipline”,“fact identity”and“bribery amount”in the application of specific criminal law, and applying the systematic interpretation method of criminal law to realize the value balance between the protection of human rights in criminal law and the punishment of crimes.