Research On Sentencing Of Corruption Crimes

Since the promulgation of the "Criminal Law(Nine)" amendment,China's anti-corruption efforts have been unprecedentedly increased,especially the 19 th National Congress of the Communist Party of China.The tiger and flies fought together,and the anti-corruption work won an overwhelming victory.However,taking the crime of bribery as an example,through the comparative analysis of the relevant data of 200 criminal judgments,we can find that many problem still exist in the sentencing of corruption crimes in China.First,the most prominent problem is that the severity of sentencing is not enough.Its main manifestations are the high application rate of probation and the lack of negative evaluation of the sentencing plot.This problem is easy to reduce the trust of the public in our country to the administrative and judicial organs.As a result,potential corrupt criminals also tend to underestimate the punitive role of the law and proceed to crime.In order to solve the problem of sentencing for corruption crimes,China has modified the sentencing mechanism.Although the dual sentencing mechanism at this stage has changed compared to the past,the joint legal punishment brings convenience to the sentencing of corruption crimes.Hidden dangers are also buried: the "amount" and "plot" weights are biased.The main manifestation of this problem is that the amount still plays a decisive role in sentencing.In addition,judicial personnel also have inaccurate grasp of sentencing circumstances.Different courts have different opinions on the elements of the same plot.Finally,China's corruption crimes still have a problem of imbalanced sentencing.The outstanding form of the crime is the penalty of corruption crimes.The application of imbalance and the individual and regional differences in sentencing are obvious.The existence of these problems is not conducive to the public's confidence in the legal fairness and authority,but also hinders the further development of anti-corruption work.From the perspective of criminology,the causes of corruption sentencing issues are sought.Among them,the impact of criminal policy on corruption crimes cannot be ignored.There are problems in China's criminal policy.The wrong criminal policy concept plus some judicial personnel's misunderstanding and misunderstanding of criminal policy All are the reasons for the strictness of sentencing.Secondly,the relevant legal regulations for the sentencing of corruption crimes in China arerelatively vague,and the existing two-element sentencing mechanism is inflexible and rigid.Finally,some non-standard factors are also one of the reasons for the problem of sentencing of corruption crimes in our country.The public opinion and the orientation of the news media all affect the sentencing of corruption crimes.The unsmooth internal judicial operation mechanism is also the culprit of the above problems.In order to avoid such problems,we should fully and accurately understand the guiding role of criminal policy in China's anti-corruption and sentencing work in the context of the trend of the era of increasing anti-corruption efforts.The realization of any criminal policy and rule of law concept is ultimately carried out by the judiciary in accordance with legal procedures.Therefore,we should strive to improve the theoretical quality of judicial personnel and improve the theoretical knowledge level of judicial personnel.In addition,the theory guides the development of practice,and the use of scientific theories to guide the measurement of corruption crimes is the key point to solve the problem of measurement of corruption crimes.In order to promote the smooth development of China's anti-corruption struggle.