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A Study On The Differences Of The Actions Of The Penalty In The Crime Of Accepting Bribes

Posted on:2019-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhangFull Text:PDF
GTID:2346330545485070Subject:Criminal Law
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At present,the research on sentencing discrepancies is based on the degree of difference in sentencing results in the same case as a measure of the difference in sentencing penalties.The sentencing result is an expression of sentencing discrepancies,and the root cause lies in the types of sentencing circumstances affecting the sentencing results and the differences in the magnitude of their effects.This article uses the SPSS software,using regression analysis method,to take bribery cases in East China as the object,to study the types of circumstances that affect the acceptance of bribery crimes under restrictive conditions and their strengths,and to find that before and after the implementation of the "Criminal Law Amendment(9)",the crime of accepting bribes There are differences in the types of punishment and the strengths of the different sentencing results,and the difference in the types of sentencing circumstances is the main reason leading to differences in sentencing.The first part of the article summarizes the research progress on the issues of sentencing imbalances and the factors that affect the sentencing of accepting bribes.The study on the imbalance of sentencing focuses on the following three aspects:the study of the overall imbalance of sentencing,the study of the imbalance of sentencing drunk driving dangerous crime and the study of the imbalance of the sentencing penalty;the research on the factors influencing the sentencing of bribery crime is mainly divided into two aspects.It is a unified study of all the factors that may affect the sentencing results of sentencing,and the second is a single study on the impact of the amount of bribery on sentencing.According to the current research results,the following problems exist in the study of the imbalance of sentencing penalty for bribery:First,the conclusion of the overall imbalance of sentencing cannot be used as evidence for the imbalance of sentencing penalty for bribery;second,there are few research data in some articles and data selection does not meet the sampling requirements.The principle of investigation;The third is the general separation of sentencing to see the imbalance of sentencing and the circumstances of sentencing.The study of the imbalance of sentencing focuses mainly on the level of sentencing results,and the degree of difference in sentencing results is the degree of difference in sentencing.The second part is divided into two parts.First,the regression analysis method and SPSS software are introduced,and the specific meaning of each data when using SPSS software for multiple linear regression is described.Secondly,describe and model the research sample of this article,taking the source of the bribery case as a control variable and the part of the sentencing scenario;using the identity,the amount of bribery,the length of bribery,and the number of accepting bribes as independent variables;and the sentencing result of the bribery case.Is the dependent variable.In the third part,the data of regression analysis was used to elaborate in detail the types and effectiveness of the sentencing circumstances before and after the implementation of the "Criminal Law Amendment(9)" the application of the principal sentence,the application of suspended sentences,the length of probation,the additional penalty(forfeiture of property and penalties),and so on.size.The fourth part is the conclusion of the study on the difference in sentencing and measures to reduce the difference in sentencing.The third part of the research data shows that there are differences in the sentencing of bribery crimes in East China from 2013 to 2015,and they are sorted according to the degree of difference from big to small.They are the main term of imprisonment,whether probation is applied,property is confiscated,and probation duration.And the amount of punishment for accepting bribes is not limited to the amount.After the implementation of the"Criminal Law Amendments(9)",differences in sentencing differences still exist in East China,and they are sorted according to the degree of sentencing differences from big to small,namely the application of probation,penalties for fines,probation periods,and periods of imprisonment.Compared with before the implementation of the "Criminal Law Amendment(9)",the difference in sentencing of the principal punishment was reduced to a certain extent.Contrary to the situation of the principal punishment,the difference between the sentencing of the suspended sentence and the additional punishment was increased.The main reason for the difference in the sentencing penalty for bribery crime is that there are great differences in the types of sentencing circumstances around East China that have a significant influence on the sentencing results.Therefore,the primary task of narrowing sentencing differences is to unify the sentencing factors of the sentencing results of bribery crimes.On this basis,Narrowing the differences in the effect of the circumstances of punishment.Therefore,to solve the problem of sentencing differences in bribery crimes in China should be carried out step-by-step,first in the sentencing guidance expressly stipulates all the sentencing scenarios that may affect the accepting of bribery crimes,and the form of the second perfect judgment form is briefly stated at the beginning of the judgment in form or summary form.Explain the factors influencing the sentencing of the case,and finally build a sentencing information system to provide the judges with data on the extent of the punishment of the crime of bribery across the country as a reference for sentencing.
Keywords/Search Tags:bribery, differences in sentencing, East China, regression analysis
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