Research On The Unbalanced Sentencing Of Bribery Crime In China

Since the implementation of the Ninth Amendment to the criminal law,there has been a heated discussion on bribery in the academic and practical circles.Not only our country pays great attention to the problems of political integrity,but also other countries pay attention to the problems brought by bribery crime to the country and society,and provide a very refined basis for conviction and sentencing.Based on the practical problems in the sentencing of bribery,this paper sums up the causes and analyzes the ways to solve the imbalance of sentencing.Mainly from the following aspects:First of all,through combing the relevant provisions of bribery in ancient China,this paper has a deep understanding of the inherent meaning of bribery,and laid a foundation and provide reference for the regulation of bribery today.At the same time,the relevant provisions and changes of modern bribery crime are roughly sorted out,so as to summarize the context of corruption and bribery crime from separation to integration,and understand the source of the close relationship between corruption and bribery.Secondly,from the perspective of the criminal law amendment(IX)and the interpretation of several issues on the application of law in dealing with criminal cases of corruption and bribery issued by the Supreme People’s court and the Supreme People’s Procuratorate,this paper analyzes the new basis and changes provided by the amendment and judicial interpretation for the measurement of bribery crime,and applies the amendment and judicial interpretation to the measurement of bribery crime Through the collection of judicial documents,screening and integration,data and charts show that we can directly see the problems in the sentencing of bribery crime.Thirdly,by analyzing the causes of the problems,the paper puts forward the causes of the imbalance of bribery sentencing.The first is the deviation of applying the same legal penalty as corruption crime,which provides theoretical basis for the deviation by expounding the disadvantages and legal basis of the policy mode;the second is that the types of legal penalty fail to be fully applied,including the decline of the deterrent power of death penalty,the insufficiency of the application of life imprisonment,the ambiguity of the amount and the circumstances,and the reality of the lower upper limit of life imprisonment;the third is thelegal penalty The inadequacy of range setting lies in the defects of the application of cohesive legal penalty and the "Deviation" in the range of sentencing adjustment.Finally,this paper analyzes the solution to the imbalance of bribery sentencing from the perspective of causes,and proposes that the legal penalty of bribery should be higher than that of corruption,the types of legal penalty should be amended,the amount centered legal penalty model should be established,and the range of legal penalty should be corrected.