Zhu Jianguo was obviously not interested in these things, and yawned: "It's almost twelve o'clock, let's rest early." ”

Among the brothers of 215, everyone knows that he has the best relationship with Wushan.

This guy doesn't care about small things, he is never confused about big things, and he has nothing to say to his friends.

What he says, the brothers generally do not disobey.

"Okay, I'm sleepy too." Zhou Jun showed the Shanshan watch on his wrist: "The girl my brother is looking for tonight is good, with big breasts and big butts, and her hair is also permed into wavy curls." ”

Wushan frowned, and Zhu Jianguo immediately explained: "It's not as you imagined, the boss found someone else's girl to dance a dance, and the second song refused to live or die." ”

"Why wouldn't she? I don't want to look for her anymore, okay? Zhou Jun's face was a little unbearable. Then his ears pricked up: "Wait, I'll answer the phone." ”

When he took out his phone, he found that the screen was black.

"Who's ringing?" He was annoyed: "Why is the ringtone exactly the same as mine?" ”

"Yours, Seven." Tian Youkang listened to it: "It seems to be ringing in the study." ”

"Oh, really?" Wu Shan was thinking about Zhou Jun, it seemed that he was indeed corrupt, and he could even afford Shan Shan's watch. Immediately came to his senses: "Huh? My phone? ”

It was Wu Lixing who called, and he seemed to have drunk a little wine: "Xiaoshan, why are you so slow to pick it up?" ”

"Dad, what time is it?" Wu Shan was a little unhappy: "You have white hair on your head, don't stay up late." ”

"It doesn't matter how many white hairs there are," Wu Lixing's voice was not ambiguous: "Come here." Your Uncle Qiao, Uncle Wang, Uncle Liu, and Uncle Ren are all here. ”

Yes? Where did you get so many uncles? Wushan was a little puzzled, but it was not easy to ask.

Actually, not waiting for him to ask. Wu Lixing had already hung up the phone.

"Brother Dali, you haven't rested yet?" At the gate of the courtyard, Zhang Dali was waiting there like a sentry, and Wu Shan was a little moved: "Come into the house, have you rested?" ”

Zhang Dali laughed twice and nodded vigorously.

Nima, Rao is Wushan calm. I couldn't help but feel a little confused.

Who are they? Qiao Shi, Secretary of the Political and Legal Committee, Wang Fang, Minister of Public Security, Liu Fuzhi, the top leader of the Supreme Procuratorate, and Ren Jianxin, President of the Supreme Court.

"Hello uncles!" Although Wu Shan was surprised, he did not lose his manners, and bowed when he entered the door.

"Lixing has a good son." Qiao Shi's face was a little red, probably because he had drunk: "If only my child was so promising." ”

"Haha, this is Secretary Qiao's compliment, this kid is very immature." Wu Lixing's pride was beyond words.

"If the provincial party committee of Victoria puts an immature young man in the position of secretary of the northern Xinjiang prefectural party committee. I beg to differ. "Minister of Public Security Wang Fang is serious.

"Say so. My children are immature, so let's go to Victoria. Liu Fuzhi squeezed his eyes narrowly: "Maybe you can get a half-official position." ”

"I think it's okay," Ren Jianxin's face also showed a ray of sunshine: "Let's send the child to Wei Province." ”

"Hehe, uncles praise falsely." Wu Shan saw that his father was squeezed by his colleagues and couldn't get off the stage, so he quickly took over the conversation: "Among the secretaries of the prefectural party committee, it is a fact that I am young and shallow. ”

"Alright, stop joking." Qiao Shi waved his hand: "Xiao Wu, we found your father today just to talk about the revision of the Criminal Law. ”

"To be exact. It is a new social situation, the sentencing issue of economic crimes. Liu Fuzhi also returned to normalcy.

"In a new historical period. We all agree that the rate of economic crime will increase and that new laws are urgently needed. ”

"The fact that you are in Oulothai and personally serve as a defense lawyer for the common people is widely circulated, and it is a model of judicial progress in our country."

"So," Ren Jianxin spread his hands: "We want to hear your views, especially on the sentencing of corruption crimes, whether the death penalty should be retained, and I hope you can speak freely." ”

They explain the ins and outs of everything you say. I see, Wushan breathed a sigh of relief.

The laws of the previous life have long been forgotten.

On the one hand, he wanted to arouse the officials to respect the lives of the people under his rule, and on the other hand, he mostly explained it from the perspective of legal feelings.

He is the commissioner of Northern Xinjiang, and being a defender is just a gimmick, not a word to pick out the legal provisions with the lawyers.

In Wushan's memory, there will be more and more corruption crimes in the future, and when Ping Da was in power, he was forced to start fighting tigers.

The money obtained from the search of a corrupt offender does not equal the final verdict of a corruption and bribery case.

However, if the person being searched does constitute a crime, the value of the case revealed by these search figures will not be small, and it is an astronomical amount for ordinary people.

However, the crime of corruption and bribery has recently been included in the scope of the proposed abolition of the death penalty.

Judging from the current legislative trend, it is likely that the amendment of the Criminal Law will adopt this position of abolishing the death penalty for corruption and bribery.

As far as reducing the death penalty is concerned, Wushan advocates the abolition of the death penalty for all non-violent and political crimes.

However, with regard to the crime of corruption and bribery, he does not believe that there is a good legal system to abolish the death penalty.

In the absence of a supporting mechanism, it is not appropriate to abolish the death penalty for corruption and bribery.

The so-called supporting package includes two aspects: First, the issue of fixed-term imprisonment and sentence.

At present, the Penal Code provides for a maximum sentence of 20 years, which is then increased to life imprisonment.

The so-called maximum sentence of 20 years in prison is a combined punishment for index crimes, and if it is only for the crime of embezzlement or bribery, the maximum sentence can only be 15 years.

This kind of fixed-term imprisonment is too low and very unreasonable.

If the death penalty for corruption and bribery is to be abolished, it means that the life sentence will suddenly be linked to just 20 or 15 years in prison.

The key is the establishment and improvement of the system of amnesty, parole, and commutation of sentences.

Without a strict system of amnesty, parole, and commutation, the so-called sentence may be a virtual reality. Some corrupt officials can take advantage of the lax system to treat jail as bad.

In the current legal system, the law stipulates that 5,000 yuan is required to file a case, but in economically developed areas, it is actually 50,000 yuan to file a case. In other words, embezzlement and bribery are usually pursued for criminal liability when they reach 50,000 yuan.

When I arrived in a remote area such as Tibet Province, the local case was filed according to the standard of 5,000 yuan.

Although it is the same law, in practice, there are such regional differences between southern Guangdong and Xinjiang.

Why? This is related to the level of regional economic development, and judicial practice should be in line with reality.

The difference between 5,000 yuan and 10,000 yuan has its own legal principles.

At this time, the economic development of Tibet Province was low, and 5,000 yuan was equivalent to the annual income of the local middle-income wage earners.

For areas with a high level of economic development. 10,000 yuan is also equivalent to the annual income of ordinary wage earners.

In other words, when the amount of embezzlement and bribery is equivalent to the annual income of ordinary wage earners, criminal liability must be pursued. In short, it is necessary to ask the corrupt and bribe-takers to go to jail.

The law stipulates that the standard for filing a case is 5,000 yuan, because the legislation cannot be based on the level of economic development in developed areas, but needs to be oriented to the whole country.

Therefore, the barrel principle can only be followed, and the starting point for criminal liability can be set as applicable to economically backward areas. Economically developed regions will make adjustments on this basis.

Its intrinsic spirit is to compare the proceeds of crime with the income that ordinary people can obtain through legitimate work.

Although the vast majority of judicial personnel do not understand the underlying principles of this sentencing. After all, the actual sentencing is based on the relationship between the proceeds of crime and the legitimate income.

Heavier or lighter is but a variation on the premise of this basic principle.

For example, in the Southern Guangdong Special Economic Zone, if a person embezzles or accepts bribes of 10,000-30,000 yuan, the general sentence is less than three years.

For 3,000-99,999 yuan, the general judgment is 4-6 years.

If it is more than 100,000 yuan, the general judgment is more than 7 years.

If it is more than 500,000 yuan, it is generally the death penalty.

In other words, the amount of corruption and bribery is equivalent to one to one and a half years of income of ordinary people, and basically they will have to pay a one-year prison sentence.

Due to the increase in the income of residents. After 1982, it began to loosen.

For example, in 1981, a criminal who embezzled more than 500,000 yuan was arrested, and if it was sentenced in 1991, it would have been a death sentence.

Her verdict was in 1982. "Luckily", he was sentenced to a suspended death sentence and was not sentenced to death.

At present, 500,000 yuan is earned in southern Guangdong, and it takes 50 years for middle-income wage earners to earn without eating or drinking, and 100 years in some areas of Tibetan Province, so they will be shot if they embezzle 100,000 yuan in bribes.

At present, the standard for filing a case for the crime of embezzlement and bribery under the law is 25,000 yuan, which is equivalent to the per capita annual income of economically backward areas.

Although it is five times higher than five years ago, it still follows the principle of comparing the legitimate income of ordinary people.

If we accept the above-mentioned sentencing principles for the crime of embezzlement and bribery, which are compared with the legitimate income of ordinary people, then we can see that the judicial dilemma after the simple abolition of the death penalty will be very severe.

If it is in the south of Guangdong, adopt the thinking of high rather than low.

The official per capita income of urban residents in 1987 was 10,000 yuan, and the amount of corruption and bribery was equivalent to two years' legitimate income and one year's lawsuit.

Then, if a crime is only charged with embezzlement or bribery, the maximum sentence of 15 years is equivalent to 300,000 yuan.

In this case, it seems reasonable to accept.

However, what if the amount of embezzlement and bribery exceeds 300,000 yuan?

Suppose a person embezzles or accepts a bribe of 2 million yuan, if it is said that he can be sentenced to life imprisonment to solve the sentencing problem.

So, if he embezzled or accepted bribes of 5 million yuan, is it still a life sentence?

As the public often sees, if he embezzles or accepts bribes of 50 million yuan, 100 million yuan or even 100 million yuan or more, is it still a life sentence?

Obviously, when the amount of the crime is larger, the more absurd the sentence will be.

If the current maximum limit on fixed-term imprisonment is changed and the fixed-term imprisonment is increased to 30 years, the dilemma of sentencing will be greatly alleviated.

The maximum sentence of 30 years is equivalent to 600,000 yuan, and if a person exceeds 600,000 yuan, it would be more reasonable to sentence him to life imprisonment.

Suppose a criminal starts to go to prison at the age of 30, and squatting for 30 years is 60 years old. 、

Assuming that he lived to be 80 years old and that the amount of his crime exceeded $600,000, sentencing him to life imprisonment would allow him to receive sufficient punishment.

This is the reason why the abolition of the death penalty must solve the problem of the length of the prison sentence, otherwise, it would be too absurd.

Even if the issue of fixed-term imprisonment is solved, it does not mean that the entire judicial dilemma is solved.

At present, when there is a death penalty, the commutation procedure is usually commuted from death penalty to death with a reprieve, then from death to life imprisonment, and then from life imprisonment to the maximum sentence of fixed-term imprisonment.

However, when the death penalty is abolished, there are only two levels of life imprisonment and fixed-term imprisonment, and if the person sentenced to life imprisonment gets the opportunity to reduce the sentence, it becomes a fixed-term sentence.

According to the current maximum sentence of 15 years for a single crime, it is ridiculous that a convict sentenced to life imprisonment will only have a sentence of 15 years once his sentence is commuted.

Even if the maximum sentence of imprisonment is increased to 30 years according to the above assumptions, there is still a problem with zài.

If a person embezzles and accepts bribes of 5 million yuan, it is reasonable if the sentence is reduced from a fixed-term imprisonment, but what if the amount of his crime is 50 million yuan? Is it 100 million yuan? Isn't it still absurd?

Therefore, it is necessary to solve the problem of the commutation system, which is to put it bluntly, that there must be no commutation of sentence or that there are restrictions on commutation.

For example, there may be no special provisions for commutation of life imprisonment where the amount of corruption or bribery is 3 million yuan, 5 million yuan, or 50 million yuan, and the amount of the crime is 3 million yuan, and the commutation of life imprisonment where the amount of the crime is 5 million yuan or more may be clearly restricted, and the commutation of life imprisonment where the amount of the crime is 50 million yuan or more can be clearly stated as not commutation.

Not only that, but it is also necessary to support the parole system, which does not allow parole for those who commit certain crimes, and cuts off the path of judicial corruption in the name of medical parole to get rid of the punishment of serving a sentence in prison.

So, will there be a problem of dying old people or gray-haired elderly people in prisons? This involves a series of reforms in the judicial system, an important of which is the establishment of an amnesty system.

In short, the abolition of the death penalty for corruption and bribery is not a simple matter, and it requires a series of supporting systems.

Without a supporting system, if the death penalty for corruption and bribery is abolished, it will lead to a social effect that the more corruption there is, the more risky the probability will be, and social injustice will be further expanded.

The abolition of the death penalty was itself a good intention, but it turned out to be a very bad thing.

When one day a person who is greedy for 1 million yuan is in the same prison as a person who is greedy for 50 million yuan or even 100 million yuan, those who advocate the abolition of the death penalty today may sigh: It is better to shoot corrupt officials and bring them down.

"Little one, are you sure you didn't study law?" Qiao Shi smiled bitterly: "The problems you mentioned have not even been considered by an old guy like me. ”

"Comrade Wushan, why don't you come to the procuratorate." Liu Fuzhi's eyes flashed with stars: "Oh my God, I can't stand it, we have heard about it financially, and you are so familiar with legal sentencing." ”

His head shook incredulously.

"What are you doing at your office?" Ren Jianxin's eyes were horizontal: "Come to the court, the old man can't do it for a few years, how about being the second-in-command?" ”

These words startled Wu Shan.

God, if you really want to go, you will definitely become the target of everyone.

A 30-year-old secretary of the prefectural party committee is everywhere talking, vice president of the Supreme Court? That's vice-ministerial, okay? There are even vice-presidents at the ministerial level.

Lao Tzu is a hero, and the tiger father has no dog, these are traditional Chinese sayings.

At least through Guò Wushan's statement, the people in the public security and legal system, who are not very optimistic about the new secretary of the Commission for Discipline Inspection, have added a good impression of Wu Lixing.

The sons are so powerful, of course Lao Tzu is even more domineering. (To be continued......)