An Empirical Study On The Sentencing Problem Of Bribery Crime

Since the 18 th National Congress of the Communist Party of China(CPC)has gradually strengthened its efforts to punish the corruption of national staff,a large number of "big tigers" and "little flies" have been affected by the party discipline.Strict punishment of state law.This aspect illustrates the seriousness of the corruption of our officials and,on the other hand,the zero tolerance of corruption in China.In August 2015,the "Criminal Law Amendment(9)"(hereinafter referred to as "prison nine")and April 2016 "Supreme People's Court Supreme People's Procuratorate on corruption and bribery criminal cases applicable to the interpretation of a number of issues"(hereinafter referred to as " Bribery interpretation ")have been introduced,is conducive to strengthening China's anti-corruption work system." Prison nine " and "bribery interpretation" are for the bribery sentencing problem of the new provisions,to a certain extent,fit the current national efforts to crack down on corruption,to be more stringent than in the past,strictly regulate bribery.However,in the judicial practice,there are still some "penny" and "bribery interpretation" understanding is not thorough,"bribery interpretation" in the sentencing standard is not clear and so on.To this end,this paper uses the empirical analysis method,through the 2016 from January to August in Chongqing,195 related to the entry into force of the referee instruments statistics and analysis,the system summed up the current bribery case in the process of sentencing problems,summed up the focus of the controversy,Combined with the relevant theory,put forward specific proposals to solve the problem.In addition to the introduction and conclusion,this paper is divided into three parts.The first part of the crime of accepting bribes.This part first points out the experiences of the United States,Japan and other countries in the sentencing of bribery and the reference for our country through the brief introduction of sentencing for foreign bribery.Secondly,the specific analysis and interpretation of the "criminal nine" and "bribery interpretation" for the bribery sentencing of the new provisions,and put forward the author's own questions,first,bribery sentencing should also be set against the crime;According to the "bribery interpretation" provisions,the amount of bribery to the "amount + plot" standard in the starting point of the amount,while the heavy plot,should be identified as "other heavy plot" "other serious plot" or "other particularly serious plot." Does it mean that there are "other heavier episodes","other serious episodes" or "other particularly serious episodes",as long as there are some of the amount involved in the heavy plot,Third,if the heavy plot has been in the case of bribery charges to be assessed,and the same plot as a crime of malfeasance and other elements of the crime,is contrary to the principle of prohibiting the repeated evaluation of it? Fourth,for bribery,we can explore another type of punishment,not only in the post-disciplinary,but also in advance to play a deterrent warning role?The second part is the empirical analysis of the sentencing of bribery.This part is combined with the 19516 Chongqing City,195 cases of the bribery of the entry into force of the referee instruments,summed up the bribery referee based on the distribution of law and bribery type of punishment and other charts.In the case of specific judicial decisions,it is pointed out that the existence of sentencing in our country is still confined to the crime of embezzlement and the type of punishment is limited to life penalty,free punishment,fines and confiscation of property punishment,can not effectively punish and prevent crime.Then,on the basis of the 195 referee instruments,combined with the concrete application of the "bribery interpretation" in the judicial decision,it is pointed out that the provisions of the "bribery explanation" that are related to the question of the amount of heavy plot are not clear,Judicial referee,for the crime of bribery and malfeasance and other crimes will appear in some cases on the repeated evaluation of the problem.The third part is the specific suggestion of the study of sentencing of bribery.This part,on the basis of the previous part,combined with the case and the "bribery interpretation" gives the specific proposal for sentencing of bribery.First,learn from Japan's practice,not separate set bribery legal punishment in the case,in the "bribery interpretation" on the basis of bribery sentencing compared with the crime of corruption focused on the plot,so as to improve the plot set;second,in the judicial In the referee,the uniformity of the "bribery interpretation" for the application of the standard,the establishment of the amount of heavy plot involved in the proportion,and asked the crime of malfeasance and other crimes in the sentence,not to "cause public property,the state and the people Thirdly,through the analysis of the causes of corruption,it points out the influence of the "official standard" on the officials,and analyzes the necessity of the additional qualification from the aspects of the qualifications of the officials.,And put forward specific practices.Finally,by referring to the "bribery interpretation" on the provisions of the crime of accepting bribes,the synthesis of the previous part of the analysis,the author of the bribery sentencing recommendations focused on together to play a role at a glance.