An Empirical Study On The Crime Of Taking Bribes

Bribery is one of the common crimes in judicial practice. Especially in recent years, with Chinese government increasing the anti-corruption efforts, the community pays more attention to bribery. However, when our country is aggravating the punishment to corrupt behavior, the number of crimes of bribery is increasing year by year, and the amount of bribes is also increasing. Bribes regulatory effect resulted unsatisfactory. The community issue criticism and questioning voice, they think that one important reason why bribery can not be effectively regulated is that there many problems about bribery sentencing.This article researches bribery sentencing from the perspective of demonstration. Try author’s best to collect 90 judgment of bribery of courts in Fujian province and as the research samples. Through reading and analyzing these judgments, and summing up and summarizing the data, this paper wants to reveal the situation of bribery sentencing in Fujian province, to explore the problems existing in the bribery crime sentencing, and to hope to put forward the corresponding solutions.The first part of the thesis will introduce overall situation of bribery sentencing from two aspects:bribery penalty legislation and the overall situation sentencing based on empirical analyzing. On the basis of the empirical statistical data, to sum up the distribution of bribes, the application of the principal punishments and supplementary punishments, and features of sentencing represented by the 90 bribery cases.The second part will analyze the influence of the different circumstances of sentencing to bribery sentencing, from two aspects:the legal circumstance for sentencing and the discretionary circumstance for sentencing. There are mainly four legal circumstances for sentencing of taking bribes:voluntary surrender, meritorious performance, frank and demand bribe. After analyzing the 90 judgment, author find that the influence of Surrender and contributions to taking bribes sentencing is extremely obvious, and a demand bribe has certain influence in the application of probation. The influence of confession of sentencing is not obvious when the amount of bribery is quite. But when amount of bribery in the same sentencing range is huge, frank’s influence on the sentencing is more obvious. The paper analyses the effect of refund money stolen goods and voluntary confession for sentencing in the aspect of discretionary sentencing plot. And find that a refund money stolen goods has a larger effect on sentencing, the impact of voluntary confession of sentencing plot is not obvious in the case of more than 100000 RMB of taking bribes, and it is obvious in the case of less than 100000 RMB.The third part reveals some problems of bribery sentencing. After analyzing the cases, author discovers that there are some phenomena such as sentencing imbalance and light punishment in bribery sentence processing, and there are also some problems in terms of supplementary punishments for property and judgments sentencing reasoning.The fourth section of paper mainly analyzes the reasons what causes problems. The aforementioned problems are mainly caused by the following reasons:legislative problems, the judiciary heavy conviction and light sentence, bribery sentencing lack of specific guidance, impact of criminal policy.In the last part of the paper, author puts forward some thoughts how to regulate bribery sentencing on the aforementioned issues. There are five points:to perfect legislative stipulation, to perfect the criminal case guidance system, to perfect bribery sentencing guidance rules, to strengthen the criminal verdict sentencing reasoning, to emphasis on circumstances of sentencing that occurred in the process of bribery crime. Hope that through these improvement measures our country can regulate bribery sentencing better, and effect of penal sanctions of bribery can achieve the desired results.