Judicial Empirical Analysis Of The Sentencing Standard For Bribery

Punishing bribery crimes according to law has always been the focus of anti-corruption work in china.However,in accordance with the existing criminal law standards for the sentencing standards of bribes,there is a long time in the field of judicial practice,the scale of sentencing is wrong and the issue of severity is out of order.In the current heavy anti-corruption background.With The Amendment to the ?Criminal Law of the People's Republic of China and Interpretation of several issues concerning the application of law in handling criminal cases involving corruption and bribery,not only the logic path of anti-corruption legislation is clarified,but also the positive legal response made by the superstructure after receiving the public's resentment against the surge of corruption and the uncontrolled operation of power.This paper aims to analyze the application and plight of the two yuan flexible sentencing standard in judicial practice through the analysis of 106 cases of bribery cases in 21 provinces and new standards of sentencing,In order to provide some useful ideas for the study of the relevant standards of the sentencing standards of bribery crime,and even to promote the ability to govern and to combat corruption and build a clean government.Besides introduction and conclusion,the main part mainly includes the bribery crime sentencing standards,the new standard of sentencing overview judicial investigation,the new sentencing standards of the understanding and evaluation,the new standard to achieve the purpose of sentencing.The article is discussed in three aspects.First,through the legislative history of sentencing guidelines since the founding of new Chinese comb,and the control of the United States Germany Japan and other foreign bribery sentencing standards,trying to understand how legislators balance "strict" and "Li" the dialectical relationship between the two in the allocation of.Secondly,through the analysis of hundreds of copies of the bribery case samples and several typical case of judicial evidence,examine the new sentencing standards implementation of judicial application for one year,and then demonstrate the feasibility of introducing the "amount + plot" two element of conviction and sentencing standards for the positive significance of bribery crime in judicial practice,understanding and evaluation for the new expansion of standard sentencing standard.In addition,compared with the previous several amendments to the "criminal law amendment(nine)" and "high" judicial interpretation of legislation is the methodology of historical regression,but we also found some defects in the design of new sentencing standards exist in the arrangement,refinement,credibility and so on,suspected in the previous revision was again Pro cyclical the cycle of danger.Third,the author attempts to return to the new standard of sentencing purposes,including criminal law and judicial practice of specific operation,response to anti-corruption demands and value guide with a heavier punishment opposition,lighter punishment,equitable commitment,and put forward the scheme of accurate use of the establishment of case guidance system and a series of new sentencing standards.