The Research On Setting Of Statutory Sentence For Bribery

In recent years, our country’s major bribery cases occur frequently, On the one hand isthe social system is incomplete, On the other hand is a flawed criminal legislation andjudicial. Legal Sentence unreasonable design is reflected in the legislation, IndividualPunishment was not met. Applicable standards are not uniform reflected in theadministration of justice, the same charges different penalties phenomenon often occurs. Inorder to improve the legal Sentence of bribery and reflect the positive significance ofpenalties, it is necessary to reconstruct legal Sentence of bribery, providing reasonabletheoretical support for curbing bribery high momentum. The author studied and discussedfrom the following aspects:The first part, in order to explore the bribery in Chinese criminal law idea and culturalbackground, the author conducts the research focuses on the bribery of our country ancientpenal system, mainly by the Han, Tang, song, Ming and Qing four time nodes, Carding thedevelopment path of China’s ancient punishment of bribery, meanwhile analysis thecriminal policy of China’s ancient.The second part, finding out the problems and shortcomings of the legal Sentence ofbribery, learning advanced legislative and judicial philosophy from the civil law andcommon law, and then Promoting reform our country’s legal Sentence.In the third part, by comparing the legal Sentence of bribery and analyzing the RealCase of the ancient Chinese and foreign, Defining the Types of penalties and theSentencing range for the legal Sentence of bribery, Pointing out deficiencies in legislationand Combining criminal policy, Finding areas of improvement.In the fourth part, the author summarizes the experience in home and abroad, putforward to perfect the legal punishment of bribery crime. Distinguishing the subject ofcrime and abolishing death penalty, at the same time Establishing Penalty Legal Systemand so on.