| The provisions of the Criminal Law of 1997 on corruption and bribery had been unable to adapt to the current changes in the anti-corruption situation.In order to solve this problem,the Criminal Law Amendment(IX)and the Interpretation of Several Issues Concerning the Application of Law in Handling Corruption and Bribery Criminal Cases has been promulgated and implemented.The new rules have adjusted the conviction and sentencing mode of corruption and bribery crimes from the ‘focus on the amount’ to the ‘amount + plot’,and the new rules improved the status of plots in the conviction and sentencing of corruption and bribery crimes.Also according to the actual situation of social and economic development,the amount of the sentence for corruption and bribery crimes has been redefined.The fairness of the crime of corruption and bribery is not only related to the effectiveness of anti-corruption work,but also affects the judicial credibility of the country.Therefore,it is important to study whether the new rules can be just sentencing.The study of sentencing should not be separated from the actuality of trial.The law of sentencing should be grasped through the analysis of the data in the judgment.This paper uses empirical methods to compare changes in the amount,plot,and sentence of corruption and bribery judgments in 2014 and 2018 which from Chinese referee net.The conclusion of the study intuitively reflects that China’s current anti-corruption situation is more severe than before,but the sentence of bribery crimes is more relaxed,which is not in line with the requirements of fairness and justice.The main reason for the problem of lighter sentencing under the new rules is that the judicial personnel’s concept deviation and the sentencing rules are ambiguous.Based on the current legislation and judicial status of corruption crimes,judges should correctly understand the criminal policy of "tightening the leniency" and abandon the concept of light punishment.And we should improve the relevant provisions of the sentencing circumstances.Also,It is necessary to standardize the judgment of the fine and the manner of execution.In the Judicature,the Sentencing Model of Corruption and Acceptance of Bribes Should Be Reconstructed.Judges should discard the traditional view of relying on the amount of crime to convict and sentence. |
