Taking Bribes Sentencing Research

Bribery crime has always been concerned by people, along with our country anti-corruption strength increasing, people also more and more high to the requirement of taking bribes and reasonable sentencing. This paper first makes a brief introduction to the bribery and sentencing do, and determine the bribery infringes upon the legal interests, the state personnel on duty behavior should have to be bribed. At the same time, the author lists the data of jiangsu somewhere intermediate courts of bribery crime in recent years the referee to illustrate the present situation of our taking bribes sentencing:death penalty rate is low, in practice has been fause; Probation for a high proportion, lowering effect of punishment; The situation of the different connection with the sentence. By comparing the British and American, Germany, Japan and Taiwan of China in different legal provisions of bribery crime, the author also found that the bribery legislation in our country there is a lack of:on the one hand, the original on the basis of the amount of bribery punishment system is obviously not reasonable, although the new "criminal law amendment nine bribery punishment system is transformed into the" amount+plot "mode, but the author thinks that the model is too much emphasis on the importance of the amount, can’t always avoid amount behind the speed of economic development, should draw lessons from other jurisdictions to the regulation of bribery, built on the basis of the plot of the sentencing system. Bribery in our country, on the other hand, USES is quoted corruption legislation pattern is very inappropriate, shall be separately formulated punishment, form of bribery crime.Secondly, the author embarks from the influencing factors of bribery, to seek the path to solve the problem of taking bribes. And factors affecting roughly divided into three categories:(1) criminal policy factors. There should be less than legislation such as tempering justice with mercy kind of criminal policy, use legislation more kind of criminal policy. (2) the amount of factors. Individuals in the bribery crime using solid theory; Joint bribery should be combined with spoils amount and the total amount of crime, according to the total amount of the bribes basic penalty grade again according to each of the accompliceThe specific amount of spoils people to specific sentencing discretion. In addition in the act of borrow material, according to the obtained to determine the amount of interest. And in the act of borrowing, to see whether the borrowers pay back. (3) the plot. Surrendered the cognizance of the statutory sentencing plot, for example (especially on whether "detained" during the surrender do discussed), merit, etc; The cognizance of discretionary sentencing plot, such as back after gifts, pleaded guilty to attitude, etc.Finally the author from the back to the criminal law theory and judicial practice in prevention theory of punishment and punishment sentencing will be divided into three steps:determine the legal punishment; Determine responsibility point of punishment; Under the responsibility of punishment prevention punishment then determine the punishment. This specification bribery sentencing, judge will not only help to do reasonable judge, can also make it easier to keep appearing in the judicial practice of bribery crime new problems.