Study On Sentencing Equilibrium Of Bribery Crime

Judging by the effective judgment of the 200 bribes collected,there is a serious imbalance between the punishment of bribery in our country.In practice,the main performance of the penalty for accepting bribes is two aspects,namely,different judgment and light punishment.The former refers to no other cases of plot but the same amount of bribery,bribery,roughly the same amount but other circumstances different cases and the amount of bribery and other circumstances were roughly the same case sentenced to compare different punishment;No other plot but the latter refers to the amount of bribery is large amount of cases,bribery,basically the same but circumstances different cases and the amount of bribery and other circumstances there is a big difference in the same case sentenced to punishment.The phenomenon of light punishment is characterized by excessive application of probation and exemption of punishment,and lighter punishment.The factors that affect the balance of punishment for bribery include the amount of bribery,the statute of punishment and the circumstances of the sentencing.The amount is the most basic factor affecting the punishment of bribery.The legal action that affects the punishment of bribery is mainly to include the first,the work,the confession,and the other statutory plots,such as the form of the accomplice and the other.The appropriate circumstances affecting the sentencing of bribery are mainly including the withdrawal and admission of guilt.Among them,the effect of a refund on the crime of taking bribes is very large.The reasons for the penalty for the punishment of bribery include the imprecise legislation and the absence of the sentencing procedure.The legislative incompleteness leads to the loss of effective restraints on the right to discretion in the punishment of bribery.The lack of sentencing process characterized by the concept of conviction and sentencing influence to the deep,there is no evidence to convict sentencing evidence from independence in the process of the sentence and the conviction and sentencing and all.Both legislation and the judicial process should be passed to overcome the phenomenon of the punishment of bribery."Criminal law amendment(9)" promulgated before on bribery penalty in our country is "give priority to with the amount,the plot is complementary" standards,practices have evolved into only the amount of theory."Criminal law amendment(9)"the bribery of sentencing criteria from the previous "theory is modified to the amount and the amount of the plot and helps overcome bribery sentencing imbalance;In addition,in order to overcome the phenomenon of the penalty for the punishment of bribery,the punishment should be added for the crime of taking bribes.On justice,overcome suffering sentencing imbalance problem requires not only attaches importance to and strengthen the court sentencing defense,and establish a verdict and sentencing reasons to explain publicly,at the same time should improve the case guidance system.