Research On The Sentencing Of Embezzlement And Bribery Crimes

Corruption and acceptance of bribes are the most typical,serious and frequent corruption crimes that have attracted the most attention from society.Whether or not the crime of corruption and bribery can be effectively controlled has become an important aspect in considering the degree of rule of law in China.This article is based on the latest sentencing regulations for corruption and bribery crimes in China,based on the "Amendment to the Criminal Law(9)" and "Interpretation of Several Issues on the Application of Laws in Handling Criminal Cases of Corruption and Bribery".The problems in the understanding and applicatio n of the bribery sentencing standards are analyzed,and then specific suggestions are made on how to standardize the sentencing of corruption and bribery crimes in China in order to improve the sentencing practice of corruption and bribery crimes.The first part of this paper expounds the concept and legal basis of the crime of embezzlement and bribery.The crime amount and the crime circumstance of bribery and embezzlement are its crime constitution,and the crime constitution is the basis of sentencing.The second part of this paper summarizes the problems of sentencing for embezzlement and bribery crimes in China.O ne is that the scope of the amount of punishment according to circumstances is too narrow;Second,the crime of bribery is attached to the crime of corruption;Third,the special leniency system is not reasonable;Fourth,the unbalance of sentencing,mainly in the amount,the circumstances of the big difference in the case in the sentencing is not reflected and the same case on the issue of different sentences.The third part of this paper analyzes the reasons for the sentencing of embezzlement and bribery crimes in China.O ne is the deviation of the concept.Hea vy conviction light sentencing,heavy entity light procedure,heavy blow light protection;Second,the legislative level is not thorough.The types of punishment are not reasonable,the range of sentencing is too large,the legislative language is vague,lack of scientific nature and accuracy,the influence of the circumstances on the sentencing is not specific,there is no unified sentencing standards and rules;Third,the judicial level of the exercise of judicial power is unreasonable,the judge's discretio n is too large.The fourth part of this paper puts forward the way to realize the standardization of sentencing for the crime of embezzlement and bribery.One is to update the concept and correct the deviation.We should improve the sentencing procedure for the crime of embezzlement and bribery,redraw the scope of the crime amount,and establish the dual flexible sentencing standard of "amount + circumstances",separately establish the sentencing standard for the crime of bribery and the crime of corruption,and re-examine the special leniency system.Second,we will improve sentencing legislation.Set up a special agency to sort out sentencing standardsTo introduce the pattern of crime group legislation,define the standard of sentencing,define the balanced proportion between amount and penalty,enhance the scientific nature and accuracy of legislative terms,organize professional legislative evaluation,and improve the realization mechanism of sentencing balance;Third,we should improve the judicial system o f sentencing,establish the interpretation system of sentencing reasons by judgment,actively improve the case guidance system,and establish the relief system of sentencing imbalance.To sum up,there are still many problems to be solved in the sentencing of corruption crime and bribery crime in our country.This paper analyzes the causes of these problems and puts forward some Suggestions,which will provide useful thinking for our country from the perspective of concept,legislation and judicature in the future.