A Study On The Application Of Standardization Of Sentencing For Bribery

General Secretary Xi Jinping emphasized that the situation of the anti-corruption struggle is still grim on the basis of summing up the overwhelming victory of party style and clean government and the fight against corruption since the 19 th National Congress Complicated,we must maintain a high-pressure situation of punishing corruption,focus on punishing corruption issues around the masses,and promote the courage to not dare to rot,not to rot,and not to rot.Establishing a complete legal system and accurately applying the law is the guarantee for advancing anti-corruption work.Criminal law,as the last line of defense of the legal system,is the most effective means of punishing corruption crimes.The Criminal Law Amendment(9)issued in 2015 has two amendments to the penalties for bribery,one of which is to adjust the conditions and extent of the lenient punishment for bribery in Article 390 of the Criminal Law.The provision that prosecution for bribery before prosecution can be mitigated or exempted from punishment has been amended to only be lighter or lighter,and at the same time,"of which the crime is minor,plays a key role in the detection of a major case,or has a major meritorious performance,it can be mitigated or Exemption from punishment.The revised crime of bribery,especially the lenient punishment clause and the general provisions of the Criminal Law,are similar in terms of expressions and legal consequences,but are based on the purpose and nature of Article 390,paragraph 2,of the Criminal Law.The application situation and the leniency punishment standards and the same understanding of circumstances such as surrender and meritorious service will not reflect the particularity of the system as a special leniency of the criminal law and the criminal policy significance of the clause itself.The purpose of the establishment and modification of special provisions is to prevent and punish bribery crimes,encourage bribers to actively confess bribery behaviors after breaking a crime,break the bribery offense and defense alliance,and improve the efficiency of detecting bribery crimes.In particular,the lenient punishment system as a special clause should be distinguished from the applicable circumstances and legal consequences such as the general rule of surrender,meritorious service,frankness,and discretionary punishment.Through statistical analysis of sample judgments of bribery crimes,bribery crimes have an applicable irregularity in the circumstances,which are specifically manifested in the following aspects: confession,meritorious service,frankness,and special leniency punishment;The plot was found to be inadequate and the application ratio was too high;the judgment document was not reasoned enough,and the statutes were chaotically cited.In sentencing,the crime of bribery was too lenient and the sentencing was too large;there was a phenomenon of probation in the application of confession,meritorious service,and the special leniency punishment system;bribery crimes had different standards for exemption from punishment;There are no clear rules for the application of exemptions.