Judicial Corruption And Bribery Phenomena Of Light Punishment

Since reform and opening, along with the gradual establishment of market economy and development, corruption, bribery, corruption and crime shows based breeding tends to spread, one of the party and the country attached great importance to the emergence of corruption and bribery, has always insisted, "from the Yan, "" severely "position, the other to some extent, the phenomenon of corruption and bribery is still rampant, and even some experts pointed out that" corruption in Chinese society has become one of the most serious. " The occurrence of corruption and bribery is a political system, economic structure, social system and so the combined result of many reasons, only from the criminal point of view, in recent years by a number of local criminal justice practices summarized from empirical investigation and corruption out of Crime statistics for decision analysis, I believe that the criminal culpability of judicial misconduct caused the phenomenon of light punishment of corruption and bribery led to the current flooding, an important reason for rampant. Therefore, this article will combine the specific circumstances of the judicial practice, in part from the four in-depth analysis.The first part, first of all corruption and bribery and were explained the basic concepts of judicial light punishment, then the purpose of writing this article to judicial corruption and bribery a definition of light punishment.The second part, the first local area combined with the author of the province People's Court from 2005 to 2009 to handle cases of corruption and bribery and to do statistical analysis of specific examples of corruption and bribery of judicial status of the basic performance of light punishment: one suspended , pardon application is very broad, and second, the amount of conviction and sentencing of the standard control too wide and the third is a fine, confiscation of property and other additional punishment for the marginalization of the property. Results from the legislative, judicial and social effects of the three aspects of judicial corruption and bribery harm the status of light punishment, which not only violates the criminal guilt of the basic principles of criminal law adapt to impede the realization of the purpose of punishment is also contrary to criminal justice policy, which greatly hurt the people involved in the fight against corruption initiative, on the whole environment of the formation of social civilization and the cultivation of the public rule of law have created a significant negative impact.The third part,from the socio-cultural, legislative, judicial three aspects of judicial corruption and bribery on the formation of light punishment a comprehensive analysis of the causes. That the light punishment of judicial corruption and bribery are many reasons for the formation of orientation, multi-level, where the concept of feudal hierarchy and privilege, and China, "human characteristics" relationships that leads to corruption and bribery of the important reasons of judicial light punishment for corruption bribery too broad sentencing range prescribed standards, the penalties for corruption and bribery set unscientific judicial corruption and bribery led to the root causes of light punishment, the prosecution of evidence collection and preservation of poor, and the protest is low and the people's court of first instance trial abuse of discretion is the result of judicial corruption and bribery direct cause of light punishment.The fourth part, for the light punishment of judicial corruption and bribery on the basic performance of the harmful consequences and comprehensive analysis of causes, from the conceptual change, legislation on the improvement of judicial improvement, improve institutional supervision of four start made on corruption and bribery for "moderate severity" of punishment philosophy, it is recommended sentencing range of further refinement, additional and improve the qualifications of corruption and bribery criminal penalties and property, increasing prosecutors to collect and preserve evidence and increase the intensity of protest rate, reasonable control and discretion of the judge suspended the hearing to set procedures, improve the operation of the judicial power of the internal and external oversight mechanisms and strengthen supervision by the masses, public opinion and other social supervision and other measures to look forward to rectify the current corruption and bribery in judicial practice error light punishment law enforcement tendency to make China's anti-corruption work to achieve greater efficiency.