Research On Sentencing Standards Of Corruption And Bribery In China

The criminal law regulation of the crime of corruption and bribery is a very important research topic.The rules of corruption and bribery crimes have been made in all countries' criminal law,China is no exception.With the deepening of reform and opening up,the level of social economy in China has been rapid development,people's living level at the same time,from the temptation of the material world also emerge in an endless stream,under this background,the crime of corruption and bribery in the number and content are the new changes.The punishment of the crime of corruption and bribery is related to the punishment of corruption and bribery crimes.It is a major theoretical and practical issue in the field of criminal law in China.The standard of conviction and sentencing of the criminal code of China for the crime of bribery and corruption has been far behind the level of economic and social development,can not correctly reflect the social harmfulness of the crime of bribery and corruption,can not fully reflect the principle of suiting punishment,is not conducive to China's anti-corruption work,but also hindered the process of the construction of socialist rule of law.Based on this,countries in the "criminal law amendment(nine)" in the present criminal law of bribery crime sentencing standard to make the comprehensive revision,the revision reflects the national importance of anti-corruption work,of great significance in legislation and practice.In spite of this,the amendment does not mean that China's corruption and bribery crime sentencing standards have been fully improved,in fact,China's corruption and bribery of the sentencing standards still exist related issues.Based on the comprehensive analysis of theory and practice,through the research on domestic and foreign related legislation comparison,China should be how to improve the crime of bribery and corruption sentencing standards proposed targeted recommendations,in order to China's anti corruption legislation.This paper mainly includes the following four parts:In the first part,the basic theory of the crime of corruption and bribery and the standard of its measurement are expounded.First introduce the basic concept of the crime of corruption and bribery.Secondly,the paper systematically expounds the theory of the standard of sentencing for the crime of corruption and bribery.In the second part,it inspects the foreign countries on the crime of corruption and bribery sentencing standards and evaluation of the legislation.Through the investigation of the United States,Britain,France,Japan,the provisions on the crime of bribery and corruption sentencing standards is not difficult to find,although the legislation of these countries are not the same,but at least in the following several aspects to improve China's corruption and bribery sentencing standard reference:legislation of bribery and corruption crimes sentencing standards abroad pay more attention to the provisions of the the nature of the crime,rather than a prescribed number of factors;the legislation of embezzlement and bribery crime by foreign legislative provisions of the model group related charges;foreign legislation reflects the main trend of the composite sentencing standards.The third part introduces the legal system and the problems related to the crime of embezzlement and bribery in China.In the criminal law of our country's corruption and bribery sentencing standards with the continuous development of the social economy does not match,can not complete the objective of embezzlement and bribery crime ruled that the "criminal law amendment(nine)" starting from the standard on the basis of the problem,completed the revision of systematic and perfect,with the current social situation is more matching the corruption and bribery sentencing standards were revised,the revised amendment made either from the legal terms,or from the real society has a very important significance.But for the crime of bribery and corruption sentencing standards changes and cannot be achieved overnight,formed the perfect sentencing standards,there are the following problems:to improve the crime of bribery and corruption in sentencing applicable probation and light punishment of improper;the crime of corruption and bribery to generalize the questionable practices of bribery and corruption crimes;sentencing standards exist between provinces.The fourth part is about the integrity of the policy of the standard of sentencing of the crime of embezzlement and bribery in China.Efforts to combat corruption and bribery and its validity is based on the crime of corruption and bribery sentencing on the basis of the standard,from various aspects to improve the following:the establishment of crime legislation mechanism and the corresponding group of sentencing standards set;judicial interpretation with specific amount of standard setting task and ensure its rationality;and in view of the crime of corruption the crime of bribery to establish the corresponding sentencing standards,the provincial contradiction of bribery and corruption crimes and sentencing standards exist proper treatment.