An Empirical Study On The Punishment Of Bribery Crime

The crime of taking bribes has long been the focus of anti-corruption in our country,and it is also a common crime in our judicial practice.Bribery crime in the process of sentencing mainly consider the amount of bribery and legal sentencing circumstances and circumstances.However,the most basic factor in conviction and sentencing is the amount of bribery.Among them,there are legal circumstances such as voluntary surrender,meritorious service,confession and accomplice.The discretionary circumstances that affect sentencing mainly include whether to return the stolen goods and the attitude of confession.One of the most influential factors is the return of dirty goods plot.The justice of criminal justice does not depend on the case itself,but on whether the public recognizes it or not,and judges the justice of the case through the public's natural legal consciousness.The judgment process is the penalty process of self-cognition in the individual case,and is not dependent on the result of the trial.Therefore,whether there is any deviation in the sentencing of bribery crime and the degree of deviation,we need to respond through the corresponding statistical data,judge according to the effective judgment documents,and make a lot of research.After the introduction of the interpretation of corruption and bribery in 2016,experts and scholars began to study the conviction and sentencing standards established in the previous criminal law,but the study of specific sentencing in judicial practice was very insufficient.The starting point of this paper is based on the theoretical research of relevant scholars,through empirical analysis,to the crime of bribery sentencing circumstances applicable,put forward the corresponding problems and take appropriate measures to solve.A statistical analysis of the judgment of the defendant in the crime of taking bribes in jiangxi province during the two years of the implementation of the interpretation of corruption and bribery shows that the sentencing of the crime of taking bribes is unfair,specifically the tendency of leniency in the sentencing.The important basis of sentencing is to refer to the amount of crime and take the amount as the standard of sentencing.Therefore,in the interpretation of corruption andbribery,the amount should be set more specifically to avoid omissions.But,according to the results of sample statistics analysis and determination of the amount of the judicial practice and the application is not clear and the phenomenon of specification,generally has no applicable in sentencing,the discretionary sentencing plot for strictly the plot has a certain arbitrariness,lead to taking bribes in specific sentencing process appeared the trend of the mitigation,making judicial impartiality questioned,should further standardization for taking bribes sentencing plot.