Search On Sentencing Of Bribery Crime

Bribery exists from ancient times,and its containment is vital.Since the18 th CPC National Congress,the efforts of anti-corruption work have been increased,especially the passage of the "Criminal Law Amendment(9)",giving the anti-corruption work a solid legal dependence.From the legislative perspective of bribery in our country,the criminal penalty can be described as severe,but its suppression effect of briber is not ideal.The reason lies in two aspects,on the one hand the law enforcement process is not severe,on the other hand,there are some unreasonable places in the process of sentencing.On the basis of sentencing theory summary,,this paper compares the the bribery sentencing and sentencing theory,then analyzes and discusses the judicial problems shown in the process of sentencing of bribery,and put forward some suggestions on the correction and perfection of the sentencing system of bribery.This article can be divided into three parts:Part 1: Overview of sentencing.This paper discusses the theory of sentencing from the aspects of the concept and characteristics of sentencing,the justice of sentencing,the principle of sentencing,the technical principle of sentencing,such as the circumstances of sentencing and the standardization of sentencing,and so on.And the summary of these aspects will be taken as theoretical basis for sentencing of bribery.Part 2.: Shortcoming of current bribery sentencing in China.Based on the reality of bribery crime in our country,and considering some hot cases and "sentencing guidance on common crime",this part studies the inadequacy of legislation and system imperfections in the process of sentencing of bribery crime in current China.This part not only analyzes the existence unreasonable aspects in the judicial process,but also analyzes the causes behind the existence.This part analyzes the problems need to be addressed urgently from the abuse of the discretion of the judge,theimproper punishment caused bribery sentencing,the imbalance of sentencing range,the imbalance of sentencing circumstance,to the imbalance of sentencing implementation.Part3:Suggestions for China's norms of bribery sentencing recommendations.Taking the summary of overseas legislation experience as basis,and considering the reality of China,this part provides reflection and suggestions on China's bribery legislation sentencing system from the following five aspects.Firstly,to publish the sentencing guidelines as soon as possible.Secondly,to supervise the discretion right of the judge.Thirdly,to separate the legislation of bribery and corruption.Fourthly,to improve the guidance mechanism on criminal cases,and to strengthen the persuasiveness of sentencing in the verdict.Fifthly,to understand the discretionary heavier circumstances of sentencing in a detailed way,and to grasp the circumstance for liberal punishment in details as well.All of these is to reach the legislative status of focusing on criminal circumstance,and the heavy or light sentence should be made strictly in accordance with the law.In the judicial point of view,this part not only integrate the typical case guidance system,but also integrate the bribery sentencing guidance,so that it can promote the normalization extent in the process of bribery sentencing.