Research On The Measurement Of Penalty Of The Bribery Crime

The crime of corruption and bribery is a historical, global problem, which is one of theserious challenges faced by every country in the world. Bribery occupies absolute proportionof the crime of bribery and corruption,and has serious harm, not only threaten to nationalpolitical life, defiled duty honest, but also seriously disrupt social order and economicenvironment.At present, our country is in a economic transition and social reform period,corruption is more serious, major cases emerge in an endless stream, The people cherish anundying on corruption.Face the reality of corruption needs and anti-corruption highopinion,our country no matter from the system or judicial increase anti-corruption efforts,thecentral committee deployed the anti-corruption work in2013,requirements were proposed to"strengthen the restriction and supervision of power operation" and "promote theanti-corruption law system construction".Under the great importance attaching bygovernment,China’s anti-corruption work has made great progress, but also exposed manyproblems. Especially because of bribery crime legislation and judicial oversight, resulting inthe bribery crime sentencing is not standard, problems of sentencing inconsistency for specificperformance in some cases is very serious. Sentencing imbalance not only against the basicprinciple of crime to adapt, can not achieve the role of punishment and education punishmentto criminals, but also greatly influences the law’s authority and predictability, damage thebasic value of criminal law justice.The problems on the crime of bribery in some foreign countries such as the UnitedStates,Japan and Hongkong,Taiwan are relatively early in-depth study, researches in this fieldare in a more advanced and mature stage, both have the advanced legislative model andaccumulated rich judicial precedents for reference, which there are many good points worthyof our study.Our country judicial organs make a lot of beneficial exploration about sentencingstandardization. Respectively drafted by The two-senior department and The SupremePeople’s Court,<About some problems and the views of standardization of sentencingprocedures (Trial)> and <People’s court sentencing guidelines (Trial)> started a comprehensive trial in the national courts from October1,2010.With the background ofsentencing standardization reform and the trend of high incidence of the crime of corruption,this article analyzed the problems of sentencing of bribery crime. Through the briefintroduction of the bribery crime sentencing system in America and Japan as well asHongkong,Taiwan areas, analysed the current existence of punishment for the crime ofbribery in some non-standard problems in our country, resulting in the substantive law andprocedural construction puts forward the suggestions and ideas of my own. Besides theintroduction and conclusion, the article is divided into three parts:The first part: the comparison and review of domestic and foreign bribery crimesentencing. In the bribery sentencing, domestic and foreign countries and regions of theadvanced legislative experience gave us many useful inspirations,the paper chooses theUnited States, Japan this two representative countries of Anglo American law system andcontinental law system countries and Hongkong,Taiwan were compared,is of importantsignificance for the the legislative system of China and the establishment ofbribery crimesentencing legislation idea renewal.For example, the circumstances of the crime needed toexpansion, the increase of the application of fine punishment and qualification penalty,theconfiscation of property system and so on.The second part: the current existence problems in briberycrime. Legislation of briberycrime in our country based on,combined with the<people’s court sentencing guidance(Trial)>and the hot case to explore our country bribery crimelegislation defects and lack ofsystem. Mainly analyzes the performance and reasons existing in the judicial practice ofcorruption crimesentencing by unreasonable, serious problems such as sentencing imbalance.From "the same crimedifferent punishment" phenomenon, the commutationpunishment rangeis too large,the statutory and discretionary circumstances of sentencing cognizance broadly,thehigh rate of probation this several aspects of this specific analysis to be solved urgently in thebribery crime sentencing problems.The third part: the crime of accepting bribes sentencinginstitution of China.On the basisof summarizing the experience of foreign legislation,combinating the actual situation in ourcountry,according to the three aspects that to improve the content of bribery crime relevantlegislation,rebuild the bribery of sentencing standards and regulate the application of circumstances of the bribery sentencing,to propose the constructions for our country briberycrimesentencing system thoughts and opinions.The final establishment according to thecircumstances of the crime as the center of the bribery crime sentencing standardsinlegislation, and strictly regulate the various heavier or lighter, mitigating circumstancesapplicable;in judicial practice,with the guidance of punishment for the crime of bribery andthetypical case guidance system,to jointly promote thebribery crime sentencing standardizationreform process.