The Crime Of Corruption And Bribery Sentencing Mitigation Research

The crime of corruption and bribery problem has become our country’s economic and social development of the pollution source, penetrating into every aspect of social life, serious damage to the organs of state administration function, affect the normal management order and work order, undermines the prestige of the government, damage the public interests. But in the judicial practice, the judicial organ to the crime of corruption and bribery processing is more and more light on the trends, probation rate is higher and higher, this and corruption of the high-pressure situation is not consistent with the public, also makes to our country judicial justice and punishment question. Corruption and bribery crime and sentencing mitigation for various reasons, the policy of temper justice with mercy is not fully understood, the relevant legislation and sentencing standards are not perfect, and some other legal factors. Corruption and bribery crime penalty mitigation is the judicial fairness and justice against the crimes of bribery and corruption, is not conducive to the fight, and the vulnerable in society produces negative effect.Ancient China in law on the crime of corruption and bribery punishment to severe torture, the severe punishment doctrine thought and system in China has a profound cultural background and social causes, in time to maintain the feudal ruling class role. Foreign to the crime of corruption and bribery charges of sentencing and the classification is more rigorous and precise, especially from the heavy, light crime, subjective intention, civil servant classification and sentencing severity profile inferior angle undertook relatively reasonable distinction and refinement, some such as penalty, qualification penalty sentencing range set, reasonable setting and so on China’s corruption and bribery crime perfection has draw lessons from a meaning.Impact of corruption and bribery crime sentencing plot has the amount of crime, voluntary surrender, crime cognizance of recovering illicit money, confession, etc.. On the crime of corruption and bribery to establish rational sentencing plot as the center, to the amount of the proceeds of crime to support the comprehensive criterion for sentencing conforms to the spirit of legislation and judicial practice needs. Two promulgated " about handling duty-related criminal cases identify himself, crime and sentencing questions " specifically for the duty crime sentencing, more specific, detailed content. But in the existing criminal law on crime of corruption and bribery in the " heavy "," serious "," serious " plot very difficult to define, easy to cause the judges abuse of judicial discretion, so our country should as soon as possible judicial explanations.Perfection of the crime of bribery and embezzlement of standard sentencing, first from the legislation, the judicial interpretation of the level additional criminal fines, qualification penalty, optimization of statutory penalty of amplitude. At the same time, make the crime of corruption and bribery sentencing rules, the implementation of case guidance system, avoiding the different sentence. In judicial practice, to improve the investigation, prosecution, trial aspects of the review system, the crime of corruption and bribery punishment from the external supervision, make its sentencing mitigation is effectively prevented, further standardize the corruption and bribery crime and sentencing.