Study On The Sentencing Situation Of Bribery In Xuzhou City

Bribery crime is a historical and worldwide problem.Throughout history,all the rulers of all countries have paid close attention to this phenomenon and tried to eradicate it in order to maintain their own rule.In business activities,bribery case occurred frequently,bribes were constantly breakthroughs,bribery means increasingly is novel,the problems existing in the judicial practice bribery case sentencing also prominent,the effect's pursuit of social justice.Xuzhou then bribery case nearly three years in introduced in this paper,on the basis of judicial work,mainly around the new judicial interpretation in the applicable conditions and existing problems in judicial practice as a thesis,on the basis of comparison and analysis,and empirical and put forward the idea to solve the problem,in order to provide material and Suggestions on the building of the anti-corruption.The full text includes introduction,body parts and conclusion.Text is divided into four chapters,the first chapter of xuzhou two levels of courts accept bribery case for nearly three years the basic analysis,including analysis of bribery main body status,objective analysis of the situation analysis and convicted of bribery punishment laid a foundation;The second chapter is the basic situation of the sentencing of bribery cases,and introduces the basic situation of the sentencing of xuzhou court,including the determination of the sentencing plot,and summarizes the basic elements of the sentencing.The third chapter is bribery case sentencing and cause analysis of existing problems,mainly puts forward the amount as the main standard in the sentencing imbalance,in cognizance of loose,spoils from light plot universal and property punishment applicable for arbitrary large,sentencing procedures not perfect,the defendant of the right to defence on part of the sentence lack of exercise and analysis from the aspect of legislation and judicial level;The fourth chapter is to address the issue of bribery crime sentencing suggestion,through the analysis of the problem of sentencing thinking,the author put forward the proposal from the three aspects and a bribery independent sentencing system from substantive law level,further refine the amount standard,specification of property punishment,make a clear definition of the specific provisions of related to bribery,the plot,to perfect the content of qualification penalty;The second is to emphasize the independence of sentencing procedure at the level of procedural law,to guarantee the defendant's right of sentencing,to establish a comprehensive evaluation system for sentencing circumstances,and to establish a comprehensive public opinion system for sentencing.Third,the system of supporting institutions to establish the sentencing case guidance system and strengthen the judges professional quality education.