Problems And Countermeasures Of Bribery Punishment

At present,our country is gradually forming pressing posture of anti-corruption.Punishment of the crime of bribery is directly related to the practical effect of anti-corruption.The voice for severe punishment on bribery is getting higher and higher.Viewing regulations of penalty measurement in China,we can see many problems which lead to imbalance of sentencing.These problems include a clear trend of light punishment,nonstandard application of circumstances of sentencing and high proportion of probation.Although "Criminal Law Amendment(9)" has increased the punishment of bribery,such problems are still generally existed.The first part,in combination with typical cases and related statistics in judicial practice,reveals outstanding problems in both legislation and judicature of sentencing regulations of bribery in China through empirical analysis.In respect of legislative norms,regulations of lenient punishment are relatively vague;stipulations of probation and impunity are too general;standard of fine penalties varies in different regions.These legislative issues directly affect the implementation of law.In respect of judicial application,problems of inconsistent judgments of similar cases and general lighter sentence under discretion are really serious and result in judicial authority and credibility being damaged.The second part focuses on analyzing reasons of imbalance of bribery sentencing.By analyzing and summarizing sample cases and explaining the connotation of legal provisions,roots of above problems can be concluded.The first one is the improper applying of sentencing circumstances which includes the abuse of statutory sentencing plot and the over-generalization of discretionary circumstances of sentencing.The second one is the realistic demand for saving judicial resources and ensuring procedure to go successfully.The third one is inevitable questions in reality such as local protectionism and the public’s insufficient recognition of social harmfulness of bribery.The third part expounds the value pursuit of the sentencing of bribery and based on which it put forward paths that can achieve standardization and equalization of bribery sentencing from both legislative and judicial levels.It is of practical value and significance to standardize bribery sentencing for safeguarding judicial justice,promoting judicial openness,ensuring the balance between crime and punishment and strengthening the protection of human rights.It also helps to enhance judicial authority and credibility and to actually operate the function of criminal law of protecting legal interests and human rights.Legislative norms can be improved by elaborating sentencing provisions and adding qualifications punishment.At the same time,in order to improve judicial application,this paper puts forward ways to normalize the application of sentencing circumstances and plans of applying non-custodial penalties rationally.