The Study Of The Standardization Of The Sentencing Of Bribery

The standardization of sentencing refers to the declaration of punishment that conforms to the purpose of punishment and can realize the justice of sentencing under the condition of abiding by the relevant principles and circumstances of sentencing.The standardization of sentencing is conducive to strengthening judicial credibility,establishing legal authority,improving the predictability of law,and reasonably regulating the discretion of judges.The standardization of sentencing should follow the principles of legality of crime and punishment,adaptation of crime and responsibility to punishment,individualization of punishment and sentencing according to criminal policy.It requires to implement the requirements of protecting human rights and judicial justice,and follow the theory of penalty basis of amalgamation.The standardized sentencing of bribery crime has its unique features,which is conducive to the realization of anti-corruption criminal policy,the promotion of judicial justice of corruption crime,and the promotion of fair identification of anti-corruption.Due to the fact that there may be different types,different functions and cross sentencing circumstances in a case of bribery crime in judicial practice,in order to better promote the standardization of the sentencing of bribery crime,the sentencing of bribery crime should adhere to the principle of comprehensive evaluation,specific analysis and prohibition of repeated evaluation.The amendment of criminal law(9)and the explanation of corruption and bribery make it clear that the basic standard of sentencing for bribery is the amount and circumstances.On the basis of theoretical research,the author makes an empirical study on the standardization of bribery sentencing.The author extracts 243 judgments from Chinese judicial documents online.First of all,there are 99 bribery cases,accounting for 40.7%,in the range of more than 200000 but less than 3 million.In this range,because of the large amount,there is a phenomenon of unbalanced sentencing in judicial practice.Then,the sentencing circumstances of the crime of bribery are analyzed and sorted out by the typical typical circumstances of confession,surrender,meritorious service,returning stolen goods and asking for bribes.Finally,it analyzes the term of sentence and additional punishment of bribery crime.There are 75 cases of probation and 56 cases of exemption from criminal punishment in the court.The court has a strong light sentence for bribery crime.On the basis of empirical research,the paper puts forward the problems of bribery sentencing in Hebei Province: light and slow sentencing,unbalanced application of lenient and strict sentencing circumstances,and large differences in court sentencing.The reasons for these problems are as follows: the relationship between the amount and the circumstances is unclear,the fixed amount standard lags behind the economic development,the lack of unified sentencing standards and principles for the crime of bribery,the misunderstanding of criminal policy and the interference of factors outside the case.Under the premise of theoretical research and empirical research,aiming at the problems raised,the paper puts forward some suggestions on the standardization of bribery sentencing.Suggestions can be divided into substantive and procedural suggestions.In the aspect of substance,it puts forward the suggestions of reconstructing the relationship between the amount and the circumstances,establishing the dynamic adjustment mechanism of the amount standard of the bribery crime,unifying and improving the sentencing guidance of the bribery crime.In the aspect of procedure,we should strengthen the supervision of sentencing in bribery cases,and establish a case system of sentencing guidance in bribery cases...