Bribery Penalties Applicable Empirical Study

Currently our country civil servants are involved in frequent bribery cases,with the phenomenon of the arrogance of taking bribes,more and more bribes and the various types of accepting property.Implicated in a wide range of cases,bribery cases have been covered for many years.The party and the government attach great importance to anti-corruption activities.Since the Eighteenth National Congress of the CPC,the Commission for Discipline Inspection have censored more than ten provincial and ministerial level officials because of the crime of accepting bribes.The legislature also amends criminal law timely in order to adapt the penalty application of the crime of accepting bribes under the new situation.The Criminal Law circle haved never stopped the research on the crime of accepting bribes. The various theories of each has its own merits about how bribery would be applied under the provisions of the Ninth Amendment in Criminal Law.This paper aims to carry on analysis of the classic case of bribery through sample of 627 cases,combining with relevant sentencing theory,in order to find the current deficiency of the penalty discretion of the crime of taking bribes according to statistical data,find an effective way to solve the problem and put forward suggestions.This paper is divided into four parts.The first part:a description of related issues.Firstly,define the paper's research object of the penalty application of the crime of accepting bribes.Secondly,introduce the research background of the article from the three aspects of the legislative, judicial and theoretical circles.Thirdly, the research method of the paper is introduced,mainly using empirical analysis,and with the help of SPSS database analysis sample.Finally,explain the collection and processing of samples in this paper.The second part: analyse case of penalty for the crime of taking bribes.The analysis of this part is mainly divided into five aspects.Firstly,analyse the general situation of the application of penalty,including application of punishment,distribution of sentence,application of additional punishment and probation application.Secondly,analyse the amount of bribes and the application of punishment and study on the relationship between the amount of bribes and the type of penalty and the sentence of imprisonment.Thirdly,analyse circumstances and penalty application.The bribery crime may be applicable to the analysis of legal circumstances and discretionary circumstances of classification. Fourthly,correlation analysis. Fifthly,it's about multiple regression analysis.On the basis of the research hypothesis,analyse the factors that really affect the penalty adjustment of the crime of accepting bribes by means of controlling variables.The third part: produce the problems existing in the application of the penalty for the crime of taking bribes.We can find the problems existing in the application of the penalty for the crime of taking bribes through the empirical analysis combined with the criminal law sentencing theory.Firstly,paying more attention to the amount than the plot in the sentencing process.Secondly, the indistinct of the standard of the number lead to the unbalance of the punishment,with a phenomen of light punishment is too heavy and the punishment exceed the crime penalty.Thirdly,the arbitrariness of plot application result in imbalance of sentencing.The fourth part: produce the perfection of the penalty application of the crime of taking bribes.The paper puts forward three aspects of the improvement suggestions according to the problems found in the study.First of all,establish the amount and circumstances of the sentencing model at the system level. In the second place,define the specific amount of conviction and sentencing in practice. At last,specific bribery crime sentencing circumstances.