The Control Of Discretion Over Measurement Of Penalty To Bribery

The measurement of penalty to Bribery has been the focus of social controversy as the duty crime increasing and the voice of the corruption punishment growing in recent years. Obviously, China’s current criminal laws on measurement of penalty to Bribery have been seriously inconsistent with the current social situation. Nowadays, the anti-corruption efforts continue to increase since the Eighteenth National Party Congress held, as the introduction of " amendment to criminal law (nine)", which are in line with the current trend of the anti-corruption struggle and answered the question needed to address.This paper takes " amendment to criminal law (nine)" as the breakthrough point and briefly analyzes the changes of the standard on judicial practice, especially for the impact on the discretion over measurement of penalty to Bribery. Through the summary of the factors that affect sentencing discretion, the author puts forward some suggestions on the reasonable controls, combined with the national and the local area of discretion over measurement of penalty to Bribery.The first part includes concept, causes and consequences of discretion over measurement of penalty to Bribery. With domestic and foreign scholars’research on the general discretion and criminal discretion, this paper sums up the concepts, and makes some brief discussion about its causes and legal consequences.The second part summarizes the factors which affect discretion over measurement of penalty to Bribery in the judicial practice. According to the influence, the range from small to large includes:legislative and judicial interpretation of the provisions, guidance of the criminal policy, legal case, discretionary circumstances, impact of social media, gap between judicial independence, judge’s legal literacy and trial experience. The first three factors among them are mainly related to the discretion over measurement of penalty to Bribery. The others not only affect the discretion, but also affect the exercise of the judges’ discretion in all department laws environment.The third part is the empirical analysis of discretion over measurement of penalty to Bribery. Author makes statistics for the trials of Bribery case within Dezhou’s Two-level Court since 2013, enumerates three typical cases, and analysises the Supreme People’s Court’s sample of the whole country. Through above work, the distribution of the crime discretion in the country and the local area is obtained. And the difference between the circumstances and reasons of the discretion are described.The fourth part is based on the former three parts, and puts forward some suggestions on how to control the discretion over measurement of penalty to Bribery. The suggestion is that the Specific amount and plot standard must be stipulated through the judicial interpretation, while Bribery should be taken into the sentencing guidelines, with the refinement of sentencing standards and unified sentencing scale. Furthermore, more specific suggestions are taken for how to refine discretion over measurement of penalty to Bribery in amount of crime, the number of crimes, and the circumstances of the crime aspects.