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The Study On Sentencing Of Bribery Crime

Posted on:2016-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2296330479488357Subject:Law
Abstract/Summary:PDF Full Text Request
Bribery not only seriously detrimental to the image of the country and consolidate the regime, but also it is the social order of great destruction and ruin a great social atmosphere. It has become a national, successive governments punish object for a long time. It can be said, more politically related to the overall development of the country, society, effective protection regime stability and economic development. Therefore, whether the Party or the government both are put big efforts on a cracking down the crime of bribery.Recalling the relevant provisions of the crime of bribery, the provisions of the bribery first show up at the time of Agrarian Revolution. Then especially with the enactment of the Criminal Code of 1979, the crime of accepting bribes firstly became of a provisions, and China’s criminal law in the fight against the crime of bribery are constantly perfecting. And nowadays the government is repeatedly stressed the need to establish the system of anti-corruption and strengthen legislation of anti-corruption. Meanwhile, in legal theory, this topic is also one of the scholars keen object of study. However, scholars specializing in bribes after the minority, even if specialized research involving bribes, and mostly focused on the conviction, but fewer to discuss the sentencing of the bribes. In judicial practice, in recent years, along with the anti-corruption efforts are increasing, the number of cases is rising,the rank of the official is more higher and amount of bribes is also growing. At the same time we concerned about the conviction, sentencing of the crime on bribery are slowly into more people’s view. the most outstanding problem is the unbalance on sentencing.This paper is intended to collect the sentences related to the book and formed the research sample and then to analyze the samples, and then extracting the factors that have an impact on sentencing of bribery; Finally, after comprehensive form their own opinion, hoping to be helpful on sentencing of the bribery crime.Besides the introduction and conclusion of the thesis, the whole thesis can be divided into three parts:The first part is the concept of sentencing the bribery crimes.Through the major cases in recent years and analyzed.Concluded in the imbalances that exist in the sentencing.Then combined with China’s judicial practice, analysis of its causes on lacking an independent sentencing standards, interfering on the subjective factors and lacking of independent sentencing process.The second part is analysis. Pointed out the bribes plot is playing an important role in penalty, the plot must be applied in the penalty. Pointing to the amount of bribes and surrender, meritorious, frankly, ill-gotten gains, after accepting certain policy for the public all are the plots affected the sentencing of bribery crimes.The third part is the suggestions to improve the rule of sentencing of bribery crimes. Combined with the current legislation and the relevant judicial interpretations, putting forward to a proposal from the view of sentencing standardization. Not only to establish evaluation system called "both the amount and circumstances are important ",and use judicial interpretation to strictly regulate the of application of bribes plots. Also build a reasonably independent sentencing process, and to be with the judicial practice, which work together to promote the standard of sentencing of bribery crimes.
Keywords/Search Tags:Bribery crimes, Sentencing, Amounts of bribery, Plots, Sentencing procedures
PDF Full Text Request
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