Research On Sentencing Standard Of Bribery Crime In China

Since the 18 th National Congress,China's anti-corruption efforts have reached an unprecedented height,followed by fall of a large number of officials.While gaining achievements in anti-corruption work,it exposed a series of problems in the legislation of accepting bribes.The legislative inadequacies were magnified in judicial practice and result in a large number of sentencing imbalances.In 2015,the introduction of Amendment(IX)to the Criminal Law has improved this situation.It has broken through the original " only amount theory" in the standard of sentencing,and adopted a new standard of "amount +plot",measuring the social fatalness of crime according to the plot,which is helpful to achieve the principle of suiting punishment to crime.In order to apply the Amendment(IX)to the Criminal Law better,on April 18,2016,the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Corruption and Bribery Criminal Cases,and the amount and the plot criteria are specified in detail.However,when the standard of "amount + plot" is applied to judicial practice,there will still be problems,like the reference ratio of the amount and the plot standard.By analyzing the current situation of the legislation and judicial practice of sentencing in China,comparing the different sentencing of the same case before and after the implementation of the Amendment(IX)to the Criminal Law,wefind that the problem of sentencing imbalance has been greatly improved,and the role of the criminal plot in sentencing is increased.But comprehensively,the impact of the amount of crime on sentencing is much greater than plots in the judgment of sentencing,and cases with similar amounts of crime will not get much different sentence due to other plots.There are still many shortcomings in the sentencing standards of bribery crimes in China,mainly in: The standard of sentencing is too singular,and it is unreasonable to apply the same standard of sentencing in the acceptance of bribery and the crime of corruption.Compared with the legislation of accepting bribes in other countries,we learn from the experience of foreign countries.Then combined with the current situation of China's national conditions and the current situation of the legislation,we can take measures to improve the standard of acceptance of bribery in China.Firstly,authorize local governments to set reasonable standards of sentencing,taking the level of economic development,per capita income,consumption level,and public security level in consider.Secondly,make the crime of accepting bribes and corruption separate and set different penalties.Thirdly,the amount of crime and the plots are equal.Fourthly,increase the application of property punishment and qualification punishment,making the crime cost high.Fifthly,improve the crime system of acceptance of bribery,and design a crime system with the center of accepting bribes and other crimes.Last,overcome the problem of sentencing imbalance in judicial practice by guaranteeing the lawyer's rights to defend,clarifing the grounds of sentencing in the judgments,and improving the case guidance mechanism.