Research On Standardized Sentencing Of The Crime Of Bribery And Corruption

As acts of corruption of the national staff, Corruption offenses not only violates the duties ofthe integrity of public officials, but also endangers the social and political stability. To severelypunish the crime of corruption and promote clean government is our party and the country’scriminal policy consistently adhered to. In accordance with the criminal statutes of our country,China has punished a large number of corrupt criminals. However, there are still many problems inthe judicial practice for the crime of bribery and corruption, especially in china’s sentencing for thecrime of bribery and corruption. The phenomenon of case sentencing imbalances caused no smallquestion in the community, and in some hot cases, the application of the death penalty to somecorrupt officials, is the hot topic of discussion of the masses. If corruption are not well settled, theauthority and the predictability of law will largely be affected.This paper analyzes some non-standard phenomena in corruption and accepting bribes andthen find out the reasons from the perspective of legislation and judicial, in order to put upindividual proposals and ideas in both entity legislation and procedures construction. This article isdivided into four parts:Part I: The problem. By briefly introduce the tables of nine high-ranking officials sentencedfor taking bribes in2011,as well as7Hangzhou high-ranking officials in2010, I raise the problem.Part II: Cite China’s non-standard performance in sentencing corruption and accepting bribes,which includes the overly-punishment of commutation, improper application of discretionarysentencing and codefendant to different.Part III: Analyze the underlying causes of the non-standard sentence of bribery and corruptionin China, which includes the unreasonable structure of the legal punishment in itself, the difficultyto confirm sentencing standard, exaggerated discretionary power of the judge, as well as the lack ofuniform sentencing guide.Part IV: To put forward some concrete ideas in standardization of corruption and acceptingbribes sentencing. That is, propose recommendation to modify the Penal Code383, to improve thesentencing methods, as well as principal of sentencing and the enactment of the sentencingguidelines for the crime of bribery and corruption.