Research On The Crime Of Bribery Sentencing Porblem

In recent years, a large number of domestic covers a wide range, huge amount of money involved in the bribery case, string case fossa were investigated, the anti-corruption work has achieved great progress, so high pressure deep anti-corruption in support of the masses at the same time, the deep level reason and questions which exposes more is worth and must be thinking. Sentencing is directly related to the legal source, face the acts of state of the public, the main problems of bribery in sentencing is that corrosion rate is too high, to avoid different codefendant and sentencing elastic is too small. Investigate its reason, mainly is the lack of a unified national sentencing, statutory and discretionary circumstances identified broad drop penalty range is too large. The above defects lead to imbalance not only violates the crime punishment legal principle of crime and punishment, and the balance of criminal law function realization form barriers, but also not conducive to establish the crime prevention and control and the state of legal authority.After the investigation and study on Chinese and foreign system, this paper is about taking bribes in China put forward by the above sentence, discusses and analyzes the legal defects revealed by sentencing benchmark set theory, put forward some modification for taking bribes sentencing system, perfect. The full text is divided into three parts:Part one:Taking bribes and system. Narrative and main developed countries under the rule of law in China bribery legal punishment and sentencing situation, summarize the present judicial practice bribery sentencing of a few big characteristics and revelation of foreign system inspection.The second part:Taking bribes sentencing problem investigation and cause analysis. The problems existing in the bribery crime sentencing concentrated expression for slow exempt from punishment of bribery judgment rate is too high, the presence of different connection with the given phenomenon and sentencing elastic small three aspects; To analyze the causes of bribery sentencing issues, lack of unified national sentencing benchmark is the most important causes resulting in above phenomena, taking bribes sentencing the statutory and discretionary circumstances that broad, fall punishment range is too large is the direct cause of bribery slow exempt from punishment rate is too high.The third part:in view of the causes, after learning of advanced foreign country under the rule of law system, based on the theory of sentencing make academic changes, improve the thinking, respectively, puts forward measures from three aspects:amount and the plot and sentencing standards, set up unified national sentencing benchmark and publish national sentencing guidelines.