| Bribery crime has always been a key issue discussed by the masses andscholars. As taking sentencing plot is not standard in practice, leading to sentencingimbalance exists in great quantities; it is not according with the requirement of crimeand the protection of human rights. This paper cited a total of11cases dealing withmajor cases of domestic and grass-roots court bribery case happened in2013,summarized the characteristics of two forms of crime that major cases take long timeand large amount money, but less surrendered, and no refund after gifts, the plot didnot affect the penalty amount, grass-roots court hearing the case of bribery showsmall amount money, time is short, most are surrendered, and in the case of the sameplot, whether a bribe does not affect the criminal punishment. Crime decides theresponsibility, bear the weight of the penalty, but bribery crime obvious show theproblem of uneven sentencing. The following is the analysis cause of the problem.There are only four typical cases of common circumstances: the amount of bribery,recovered and refund, pleaded guilty to retreat after gifts, attitudes of admitting guiltyand bribe, not only the plot but also the consideration is not comprehensive,sentencing range is not unified, and the amount of bribery centered plot does notconform to the requirements of the essence of bribery crime, and do not meet theneeds of the development of social economy, it is difficult to achieve the equilibriumof the offense. The next Is analysis the reasons of causes,through the analysis ofsentencing plot and common crime affect some division from “people’s courtsentencing standardization guidance”, we summed up the penalty amount is decidedby criminal responsibility, and accurate to determine criminal responsibility is closelyconnected with the analysis of the crime constitution, which has draw lessons fromthe experience for analysis of bribery crime, through the analysis of the crimeconstitution of bribery to determine the factors that affect harmfulness. The last is thecenter of this paper, according to the influence on corruption charges of socialharmfulness and personal risk factors, what’s more is that in practice has been considered factors determine the sentencing plot of bribery crime to explain someproblems that should be paid attention to the process of apply. For Determining thesentencing circumstances include several aspects like back post way, the number ofbribery, bribery content, the form of "seek interests for others", of the consequencesof confession, attitude and refund after gifts and recovered. On the consideration ofnumber, the author pay more attention to the number of bribes, a bribe moredangerous than the passive accept, if exists a bribe for many times, the malignant ismore serious. For interests of no assets, the author think that there is no applicablefeasibility to fit other interests into the scope of bribe, because it will not need thesupport of criminal law and judicial technology, for the present, domestic briberycrime investigation methods, techniques, and the provisions of the criminal law onbribery crime, unable to verify access to the property interests of evidence and isdifficult to determine the standard of conviction. The author divided the situationmainly combining with the judicial interpretation about the embezzlement and briberycrimes from the consequence like "circumstances are relatively light","circumstancesare relatively heavy"," circumstances are serious" and " circumstances are especiallyserious". On the aspects of confession, the author thinks that confession attitude can’tapply alone, it should be combined with light situation if there are othercircumstances to consider, if there is no other light situation, the good confessedattitude is very suspicious. This paper aims to specify the sentencing of taking bribeto achieve the objective of the standard criterions for taking bribes, as much aspossible in order to reduce crime punishment imbalance problem in order to increasethe credibility of justice. |
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