Thinking About "Same Crime, Different Sentence" In Corruption And Bribery Crimes From Science Of Criminal Law

The phenomenon of different codefendant in corruption and bribery case is a world problem. Not only our country has this kind of phenomenon ,but also America,UK and other legal relatively perfect country, this kind of problem is quite outstanding. These "codefendant formation of different convicted" phenomenon is due to various causes, One part is due to legal and rational reason, part of the reason is legal, and the other is the consequence of illegal operation. The main reason of legal and rational is case exists difference, perhaps people just saw one part of the case ,this situation led to illusion produced; main reason of legitimate unreasonable is the lack of legislation and judicial practice, the difference between different law enforced specific operation. In addition, illegal operation is self-evident. The phenomenon of different codefendant in corruption and bribery case brought to social harm is obvious ,it violates basic principle of suiting Punishment to Crime and Criminal Responsibility and the Equal of the criminal Law to anyone, affects the anticorruption intended and intensity, shakes public confidence, damages to people's faith for sentencing justice. To solve the phenomenon, the supreme people's court will start sentence standardization criminal cases of comprehensive reform from this year's October 1 in the national court .Unfortunately, the corruption and bribery case isn't in this scope. But, In view of the particularity of corruption and bribery case, standardization is quite necessary and urgent.This paper is divided into three parts.The first part, the reason explored. In the main elaborated, from three aspects, including the legislative factor, the judicial factor and the other factors.The second part, the standardization of the sentence .Firstly, analyses the relationship between the sentencing justice and sentencing standardization, and then from the normative the judges' discretion, determine sentencing pivot, formulate the sentencing case to realize standardized and to achieve the sentencing justice. The third part, the different ways to limit the phenomenon of different codefendant in corruption and bribery case .mainly from perfect punishment, establish the standard of agency, and concrete from substantive law and procedural law .Thus, the paper put forward its own proposals, including to add deprive qualifications and fine punishment, to set up the special anti-corruption and specialization, to formulate a collegial panel, to detail rules of sentencing guidelines regulating plot, to optimize the range of legal sentencing punishment.