Corruption And Bribery Crime Sentencing Standards Research

After the revision of the "criminal law" in 1997,our country has established take the amount of money as the main criteria when convicting and sentencing the case of corruption and bribery. Although it is easy and clear, the main criteria is too rigid. Previous sentencing standards of amount cannot keep up with the economic development. It have been identified such as being unable to reflect its social harmfulness comprehensively and timely and embody the principle of matching punishment with culpability so that the system coordination of sentencing between individual cases has been seriously influenced. Over time, the change of the society, the amount of the identified standard 16 years a go does not guide today's sentencing.In 2015,China passed the Amendment to the Criminal Law of the People's Republic of China( 9th) in which legal punishment of corruption and taking bribes and sentence standards had made a larger adjustment,that was,eliminating the sentence standards resulted from the specific money amount plus circumstances of the crime and switching into the new dual punishment system of the summarized amount plus the plot as the center. It will help solve the problem of the imbalance between conviction and sentence. It improved the system of bribery charges, amended corruption crime standards, added later restore provisions of bribery crime, and strictly limits on the lenient punishment terms, which are conducive to prevent and crack down on corruption crime. But there is still a perfect space in our country's criminal law about corruption and bribery crime. It should expand the scope of bribery objects, set up corruption crime standards, abolish the conviction of taking bribe "to seek interests for others", and modify the bribery " to seek improper interests", etc.Based on this, standards by "judging mainly by amount, supplemented by seriousness" and standards by "judging mainly by seriousness" should be constructed separately,while keeping the existing standards concerning the amount of bribes and taking into reference some economic index so as to build up a flexible standards of sum for sentencing that can reasonably and scientifically reflect the appropriate changes and development of economy. In the case of corruption and bribery, the "amount of money" is just a reference indicator, while the "circumstance" should be strictly applied according to the provisions of corruption and bribery. At the same time, the proportion of "the amount" and "circumstance" in conviction and sentencing needs to be further clarified.