Research On The Application Of The Reprieve Of Bribery

Bribery and other corruption crime has never been more than just a legal issue, it is a political issue related to national survival. The fight against corruption in our country has been common responsibility to the whole society. Bribery and other corruption crime has always been one of the objects that national criminal law severely regulates and punishes. Our country always keep high pressure on bribery and other corruption crime, even in the current criminal policy of combining punishment with leniency and criminal concept of mitigation of penalty, we unswervingly adhere to strict punishment policies and concepts to bribery and other corruption crime. However, judicial practice feedback corruption crime’s situation is not optimistic, as for bribery, the relevant statistics show that in recent years, the incidence of bribery shows a clear increasing trend, officials position level keep rising, the involved amount is constantly being “refresh”, the situation of “former rot successor” is very serious. Thus, the debate about the abolition of the death penalty and the application of the reprieve for bribery start into more people’s visual field. Based on the present situation and principle analysis of the application of the reprieve for bribery, the author exposes the problems of the application of the reprieve of bribery, and put forward some legislative and judicial suggestions to meet the current social realities.The article is about 46000 words, besides the introduction, the thesis is divided into four parts:The first part is the investigation on the present situation of the application of the reprieve for bribery. First, the author applies 48 cases of the application of the reprieve, the life imprisonment, and the death penalty for bribery to reveal the basic situation; Second, the author through the comparative analysis reveals the judicial situation of the reprieve for bribery in recent years; Last, the author summaries that our current application of the reprieve for bribery which has legislative malpractice and judicial misconduct.The second part is the principle analysis of the application of the reprieve for bribery. First, the author analyses the legitimacy of the application of the reprieve for bribery from the legitimacy of the application of death penalty for bribery and the principle of suiting punishment to crime; Second, the author analyses the necessity of the application of the reprieve for bribery from the criminal policy of combining punishment with leniency and criminal concept of mitigation of penalty; Third, the author analyses the utilitarian of the application of the reprieve for bribery from the choice of limited rationality and the selection of both priority and effectiveness; Last, the author analyses the effectiveness of the application of the reprieve for bribery from the principles of explicitness and necessity. The author reveals the theoretical roots of the dilemma of the application of the reprieve for bribery, in order to explicit the application of the reprieve for bribery’s legitimate status in the judicial practice and theoretically guide the application of the reprieve for bribery’s judicial practice.The third part is the paths of the application of the reprieve for bribery. First, guide and establish the rational concept of the death penalty from the policy of the death penalty, the legislation of the death penalty and the judicial of the death penalty; Second, consummate the sentencing standards of the application of the reprieve for bribery from resetting the amount of reference of the application of the reprieve for bribery, explicating the content of “the especially serious circumstances” and “not to be executed immediately”; Last, norm the sentencing activities of the application of the reprieve for bribery from explicating the sentencing rules, improving the sentencing recommendation, strengthening the sentencing reasoning and opening the sentencing procedure.The fourth part is the test of practice of the application of the reprieve for bribery. The author verifies the feasibility and operability of the recommendation of the application of the reprieve for bribery in the third part from the social recognition, the legislation’s appropriation and the judiciary’s normalization.