The Research On The System Of Bribery Measuring

Crime of bribery exists in human society,because of the strong erosion of national power,the serious impediment to economic development has always been the focus of Governmentstargets of attack．In recent years,with the increase of the degree of anti—corruption,anti—corruption has made great progress,but it also exposed some new problems,one of the most easily perceived problems by the general public is the imbalance in sentencing,sentencing imbalance between cases has great harm on the one hand,It will cause people'S strong dissatisfaction on the other hand,it can't play a good role of punishment and educationto crimers over time it will shake the foundations of law and society．To solve this problem,the Supreme Court implement standardized sentencing reform from 2005,combined with thisbackground,bribery sentencing issues were discussed in this paper the text is divided into 5parts,more than 1 8 thousand words．The first part describes the bribery legislation and measuring system．This section firstanalyzes the Chinese Bribery legislation and sentencing system,then make a overview andanalysis of relevant provisions of the United States,Germany and Japan which arerepresentative,then find out the gap of bribery legislation and sentencing system betweenchinese and foreign by comparing．The second part analyzes the sentencing of bribery problems of our country．Firstly,Thepart points out that the sententing ofthe crime ofbribery is based on the amount ofmoneyand circumstances．It exsits three problems in the measuring of Bribery through analysis．firstly,themeasuring system of Bribery which is based on the amount of money is unreasonable．secondly,he importance of the circumstances are are not highlighted,thirdly the lack ofuniform criteriaformeasuring．The third part discuss relevant issues of the identifiiction．of the amount of corruptingmoney In this part,put forward my own view to some problems by analyzing the differenttheorists．the problems are the identification of the amount of corrupting money；theidentification of the amount of corrupting money which are untreated many times and theidentification ofthe bribes by shoddby products or houses．The fourth part describes the plot of bribery measuring factors．This section first provides an overview of the measuring factors．then the main measuring factors wereinvestigated and classified,and the Criminal Law Article 383 aggravating circumstances weredetailed,finally analysis the sentencing problem of the confessions to criminal act of briberyduring the double regulations,andoubleThe fifth part is focus on how to perfect bribery measuring in China．Firstly,it point thatthe theory of he punishment fit the crime shoude be the foundation and the guiding ideologyof perfecing the measuring of bribery．and further pointed out that the plot should beconstructed a bribery measuring system with circumstanes cas the center of briberysentencing system,and measuring plots should be refined and expanded...