Several Problems Of Sentencing Standard Of Bribery Crime In China And Their Solutions

After the 18 th national congress of the communist party of China,China attaches great importance to fighting against corruption and takes the fight against corruption to a new level.As anti-corruption efforts continue to advance,a large number of senior officials have been fired.In the anti-corruption work to hand over the " report card " at the same time,but also revealed some defects in the legislation of bribery crime,the lack of legislation in the reality of judicial practice has been amplified,resulting in a serious imbalance in sentencing.The promulgation of the criminal law amendment(ix)in 2015 changed this situation,and made two major adjustments to the bribery crime.First,the specific amount is no longer used as the standard for conviction and punishment,but the amount of a larger,huge,especially huge this principle,the general provisions.And the judicial interpretation of the amount of the standard has made clear provisions.Second,it breaks through the original " amount center theory " of the sentencing standard of bribery crime,stipulates the conviction and sentencing mode of " amount + circumstances ",and highlights the status and influence of other circumstances in the sentencing of bribery crime.In 2016,the introduction of judicial interpretation further supplemented and clarified the provisions on the amount of crimes and other circumstances.This change revises the disadvantages of the previous theory of bribery amount only,and takes other circumstances as one of the bases to measure the degree of social harm of bribery,so that the sentencing range between different statutory punishments for bribery can be appropriately separated,so as to punish such crimes more pertinently and ensure the justice and balance of sentencing.However,there are still some deficiencies in the conviction and sentencing standards of bribery crime in our country,which bring some difficulties to the application of the establishment model of amount and other circumstances in real life.The main problems are as follows: it is unreasonable to apply the same sentencing standard as the crime of corruption;it is difficult to accurately apply the amount and circumstances in practice;it is not reasonable to set the circumstances of lenient punishment;and it lacks a complete crime system of bribery.According to the current legislative provisions of China's sentencing standards for bribery crime,and considering the current situation of China's national conditions,the author puts forward thinking and Suggestions on the improvement of China's sentencing standards for bribery crime from the following aspects: First,the sentencing standard of bribery crime should be different from the crime of corruption,the establishment of a legal punishment alone;Second,On the basis of paying equal attention to the amount and the standard of circumstances,the quantitative analysis of the circumstances of sentencing should be strengthened,so as to further clarify the circumstances that affect the sentencing and the degree of impact on the sentencing.Third,a reasonable amount of variance applies to each region,that is,a comprehensive survey of local economic strength and development,consumer spending and public security will be conducted to work out a specific amount standard suitable for local implementation.Fourth,pay attention to expand the application of property penalty and qualification penalty;Fifth,draw lessons from foreign legislation mode of bribery crime,and construct a pluralistic and clear accusation system of bribery crime.