Research On The Crime Of Bribery Sentencing Problem

Recent years has witnessed greater anti-corruption efforts,rising number of bribe-taking cases,increasingly large bribery amount,and higher ranks of convicted officials.In combination with the background of frequent occurring corruption crime and sentencing standardization reform,the author has conducted research and analysis on multiple problems concerning sentencing of bribery crime mainly from the three major parts:The first part is an overview to the sentencing system of bribery crime.The author firstly gives an introduction to the establishment and features of domest ic bribery crime sentencing system after founding of the new China,as well as the significance to improve the system,then respectively summarizes the bribery crime sentencing system of Britain,America,Germany,and Japan,and affirmed the reas onable elements in their discretion of bribery crime punishment.The second part mainly deals with the problems existing in sentencing of bribery crime in our country from four aspects: there hasn't formed a unified opinion on how to identify voluntary surrender and grasping the competition and cooperation of surrender and meritorious service;the sentencing assumes heavier-than-usual or light imbalance situation;and the identification on amount of receiving houses,dry shares and sham products is very indistinct;that both graft crime and bribery crime apply the same legal penalty has violated the scientific nature of criminal law system.As for the problems proposed in second part,the author has proposed suggestions to improve the sentencing of bribery crime,in order to provide thinking for just sentencing of bribery crime.Firstly,to set legal penalty solely for bribery crime,for perfect legal penalty setting is the premise and basis for sentencing justice.Secondly,to reasonably combine the plot and amount during sentencing of bribery crime,and define the plots that should be considered where judicatory applies.Thirdly,to unveil guidance of bribery crime sentencing and the identification standard for regulating surrender and contribution.