Empirical Study On The Sentencing Of Corruption And Bribery Crime

Corruption and bribery crime is a common type of duty crime in all countries of the world,with the deepening of China's reform and opening up and the development of economic construction,the number of state staff suspected of corruption and bribery crime is also increasing,the investigation and punishment of corruption and bribery cases related to the image of the party and the government and judicial credibility issues,has been widely concerned by all In particular,leading cadres corruption and bribery crime cases have become a hot issue of social concern.Since the 18,with the more and more anti-corruption efforts of the party and the state,corruption cases have been paid more and more attention by the society,the imbalance of criminal sentencing of corruption and bribery has attracted more and more attention and debate from all walks of life,and the imbalance of sentencing is not conducive to curbing the further development of duty crime and anti-corruption struggle.In the first chapter,based on the empirical method,this paper makes statistics on the judgment of 243 defendants in 188 cases of corruption and bribery in Guangdong court system in 2018 years,analyzes the sentencing distribution of samples,and takes the penalty from criminal punishment,probation and term of imprisonment as the category,This paper analyzes the application of the penalty for corruption and bribery,the application of probation and the application of the term of imprisonment,and concludes that the crime of corruption and bribery has a high proportion of cases,such as the low rate of exoneration and the light penalty of sentence.The second chapter makes an empirical analysis of the amount of corruption and bribery crime,surrender,meritorious work,confession,confession attitude and the plot of refunds,and concludes that the amount of corruption and bribery is not proportional to the sentence,the penalty is arbitrary,and the surrender,meritorious,confession,guilty attitude,refunds sentencing circumstances are applicable leniency,and the tendency of light punishment is obvious.The third chapter analyzes the problem of sentencing imbalance in the crime of corruption and bribery.This paper mainly discusses that the external manifestation of the imbalance of sentencing is mainly applicable to the proportion of immunity from criminal punishment,the applicable standards are different,the application of Probation and actual punishment is arbitrary,the sentencing standard is vague,the sentencing sentence is arbitrary,the overall light,the application of the reduction of treatment ratio is high.Analysis of its causes,there is a lack of effective restrictions on the discretion of judges.Criminal legislation lacks maneuverability and legal penalty range is too large,sentencing guidance is absent.The fourth chapter,combined with the previous analysis,puts forward the path to solve the imbalance of the penalty of corruption and bribery crime,first of all,in the concept to establish the sentencing concept of justice,sentencing balance and protection of human rights,the establishment of a sentencing guidance system case system,the implementation of sentencing reasoning system,the crime of corruption and bribery into the common crime sentencing guidance;Implement the system of penalty of guilty pleas,improve the level of sentencing advice,strengthen procuratorial supervision,and actively exercise the right of protest of inspection machine.