Empirical Study On Sentencing Of Bribery Crime

Since the 18 th National Congress of the Communist Party of China,the central government has continuously increased the punishment for corruption,but the crime of accepting bribes is still high.In order to more scientifically combat corruption crimes and adapt to the current anti-corruption situation,the state is also modifying the law in a timely manner.The Criminal Law Amendment(IX)modifies the long-standing “quantity-only” conviction and sentencing standard in the past judicial practice to the “amount + plot” standard.In April 2016,the issue of applying the law on the criminal cases of corruption and bribery was introduced.The Interpretation(hereinafter referred to as "Explanation")makes more detailed provisions on the contents of the Criminal Law Amendment(IX).Through empirical analysis of 200 judgment documents,it is found that the crime of accepting bribes still faces many problems in judicial practice: the phenomenon of sentencing crimes in bribery is serious,not only in different regions,but also in the same year in the same region.Phenomenon,seriously affecting the credibility of the judiciary;the irregularity of probation application and the irregularity of the sentencing circumstances and the application of irregularities have led to a slightly lighter sentencing of bribery crimes committed by state employees,violating the principle of adapting crimes and punishments,and weakening the shock of punishing corruption;Judgment documents generally lack sentencing reasoning,ignoring the legitimacy of the sentencing conclusion procedure.There are many reasons for these problems.The unclear relationship between the amount and the plot leads to confusion in the application of the judges;there is a lack of scientific and reasonable division between the magnitude and the steps between the misdemeanor and the felony statutory punishment;the lack of sentencing normative methods As well as the lack of supervision of sentencing,the discretion is too large,and there is a bias in the application of justice.The sentencing of bribery is interfered by extrajudicial factors.The judge has a one-sided understanding of the criminal policy of lenient and strict,and pays too much attention to the sluggish side in sentencing.Based on the current situation of corruption crimes,it is necessary to formulate a unified guiding opinion on sentencing crimes,further clarify the relationship between the amount and the plot,and still insist on the amount as the main basis for sentencing in case the circumstances are not perfect;the identification and application of the standard sentencing Refining the conditions for probation,strictly grasping the application of probation for bribery;strengthening supervision over the sentencing process and sentencing results,proposing scientific and reasonable sentencing recommendations,giving full play to the role of protest rights in sentencing supervision;paying more attention to sentencing judgments of judgments,detail Explain the impact of the plot on sentencing,in order to achieve the standardization of sentencing for accepting bribes.