On Sentencing Proposal In Bribery Cases

Bribery is a major social problem that troubled the whole world, and so is China.It caused severe damages to our country’s opening and reform as well as the socialisticconstruction career; therefore, the masses curse it and show great concern about theinvestigation and punishment of such cases. In recent years, the sentences of briberycases tend to gradually light. Procuratorial organs exercise their legal supervision overcriminal proceedings. The sentences of bribery cases, not matter from the sentencingprocess or from their result, have become the important part of the supervisions ofprocuratorial organs. Therefore, in the current study of bribery cases, sentencingproposal has great significances: first, it is conducive to the correct application of thepenalty, safeguarding the lawful rights and interests of parties; second, it helps toregulate the free penalty power, promoting the fair sentence; third, it is conducive tochanging the way of supervision, strengthening the supervision effect, saving the costand improving the efficiency of lawsuit.this paper takes a systematic and thorough study to the controversial issuesappeared in practice, puts forward the understanding and proposes the suggestivesolutions.In order to solve the problem of lighting in sentence, we think first of all,need to improve the legislation of bribery cases, e.g., by increasing the fine penalty tocontrol and curb bribery cases; by improving qualification penalty to help the countryto use legal weapons to control the spread of the crime of embezzlement and bribe; bystrengthening international anti-corruption cooperation to jointly combat briberycrimes through the appropriate abolition of the death penalty. We also suggest tocancel the conditions for non-penalty bribery cases, to distinguish the sentencestandard between the crime of corruption and accepting bribes, to improve thelegislation of standard amount of corruption and bribery cases, and to standardize thesentence of corruption and bribery cases so as to achieve the good effect.As for thespecific requirements of sentencing suggestion in bribery cases, we propose thesuggestions as follows:1. to clearly ensure the legal status of sentencing suggestion,i.e. to make sure the right of sentencing proposal and the sentencing suggestion systemin legislation explicitly;2. to set up the applicable principles of sentencing suggestionsystem such as: equal justice principle, comprehensive principle, the principle ofjustification;3. to determine the applicable scope of sentencing proposal, for instance, treating bribery cases separately according to the specific circumstances andapplying sentencing proposal in the scope of first instance, the second instance and thesupervision of trial;4. to regulate the application time of sentencing proposal, usuallygiven in indictment or submitted as sentencing proposal in court debate stage, butshould be distinctively treated according to different cases;5. to design the proceduresof sentencing proposal, i.e. be cautious by combining with the public prosecution inthe application of sentencing proposal in the trial, especially, before public prosecution;6. to standardize application mode of the sentencing proposal by starting from targetand effect of the sentencing suggestion system;7. to design the related system ofsentencing proposal, such as, sentencing defense system, protest specifications afterthe denying of proposal and supervision and restriction mechanism of sentencingproposal.