Research On The Sentencing Of Bribery Crime

With increasing of anti-corruption efforts,the brilliant achievements of our country's anti-corruption struggle are obvious to all,Since the 19 th CPC National Congress,and in the future construction of the new era,have proposed the overwhelming victory to win the struggle against corruption.The measurement of penalty for bribery has also become the focus of social attention.The enactment of the Amendment(IX)to the Criminal Law,the SPC and the Supreme People's Procuratorate on the interpretation of the application of law on corruption and bribery in criminal cases has provided a basis for cracking down on bribery crime more scientifically and rationally.However,there are still some problems in the measurement of bribery crime.This paper is divided into four parts to explain how to make more sense of sentencing for bribes.The part one is a summary of the history of bribery penalty measurement.Before the revision of the law in late Qing Dynasty,the sentencing method of bribery crime mainly inherited the ancient Chinese law.After the late Qing Dynasty,the western criminal law system was introduced.This part is about sentencing of bribery crime in ancient China and late Qing Dynasty.The part two is the provisions and comments on the sentencing of bribery crime in extraterritorial countries and regions.Mainly from the amount standard,the kind of property interests and the severity of the penalty,this paper introduces the basic provisions of the foreign countries and regions on the sentencing of the crime of accepting bribes and evaluates these national legislation,so as to draw the reference significance to our country.The part three is the amendment and analysis of the Amendment(IX)to the Criminal Law and the SPC and the Supreme People's Procuratorate on the interpretation of the application of law on corruption and bribery in criminal cases.This part introduces the main changes involved in the revision of the criminal law from the evolution of the sentencing of the crime of bribery,the introduction of life imprisonment,the limitation of prosecution and the special leniency,and discusses some of the conflicts with the concept of the criminal law.The part four is the legislative proposal for the crime of bribery.This part expounds that the standard of determining the amount of bribery is too high,and the revised standard has obviously no longer applicable to the standard of sentencing of the crime of original bribery.Therefore,the standard of sentencing should be adjusted again.The author puts forward his own legislative conception.