Research On Some Problems Of Sentencing For Bribery Crime

It is a task that the Chinese communist party and the State attaches great importance to punishing the bribery crime and carrying out anti-corruption work.In the affirmation of the effectiveness of anti-corruption work in recent years,we should also pay attention to the actual problems,especially in the judicial practice of bribery in the sentencing of different cases,sentencing imbalance and other phenomena prominent.Through the analysis of the problems,we can understand that these problems and criminal law on the bribery crime provisions are not unrelated.In order to conform to the new situation of the anti-corruption struggle,the provisions of the Criminal Law Amendment(9)on the bribery crime have been modified and perfected,which provides more scientific and reasonable legal support for our country's anti-corruption work in the future.However,the promulgation of the Criminal Law Amendment(9)not only has not ended the dispute of some problems,but has caused some new controversies,which may cause new troubles to the judicial activity of sentencing for bribery and affect the effectiveness of anti-corruption work.This paper makes an in-depth analysis of the provisions of the Criminal Law Amendment(9)on the bribery crime.I hope to provide reference for the sentencing by reflecting on the limitations of the sentencing standards and circumstances of bribery,drawing on the legislative experience of the outside world,and putting forward some suggestions for improvement according to the actual situation of our country.This paper is divided into four parts:The first part is about the legislative evolution of the bribery crime since the founding of People's Republic of China and the legal provisions of the crime of bribery outside the country,focusing on the regulation of the sentencing standards of bribery crime in China and abroad.The second part is the sentencing standard and lenient sentencing plot of bribery crime after the Criminal Law Amendment(9),and explains the revised sentencing standards and the rationality of sentencing circumstances according to the relevant judicial interpretations.The third part mainly analyzes the existing problems in the legal provisions of bribery crime: such as it's no need applying the sentencing standards of corruption,Some sentencing circumstances as "criminal prosecution for intentional crimes" conflict with the provisions of the general principles of criminal law,lenient sentencing circumstances are not clear enough and so on.These problems may cause a judicial bias.The fourth part is about the suggestion of the problem.On the basis of grasping the essence of bribery crime,we should revise some circumstances of sentencing,make judicial explanation and perfect sentencing guidance to standardize the practice of sentencing,and set up the sentencing standard of bribery crime independently in the course of future legislation.