Study On The Sentencing Standard Of Bribery Crime

As for the sentencing standard of bribery crime,it is traditional to impose penalty according to the amount of bribes in the history of China.However,such situation has changed since the introduction of the Amendment(IX)to the Criminal Law(2015)and new judicial interpretation of corruption and bribery crime(2016),which stipulates that both the amount of bribes and circumstances of bribery crime are the basis of the sentencing.In this sense,present sentencing standard not only pays attention to the amount of crime but also emphasizes the circumstances of crime,which is beneficial to avoid some disadvantages caused by the pure amount standard.However,current sentencing standard is not perfect in fact.It is still ambiguous to recognize the bribery amount of complicated cases in juridical practice.Also,how mistakes of amount of bribes affect sentencing is still unclear.Besides,some circumstances of sentencing standard even violate the basic principles of criminal law,such as the responsibility doctrine,prohibition of repeated evaluation and so on.Therefore,this paper tries to give clear solutions to such problems of present bribery sentencing standard according to nomological analysis and judicial practical experience.This paper is divided into three parts:Part one aims to compare differences of the sentencing standard of bribery crime between China and other countries.At first,this paper makes a brief review of the Chinese legislation of the sentencing standard of bribery crime and points out progressive significance of current sentencing standard.Secondly,this paper also focuses on the legislation in other countries,like Germany,Japan,America,the United Kingdom and so on.Thirdly,this paper still makes comparations between China and other countries,and figures out their differences of the sentencing standard of bribery crime.Part two tries to figures out how to accurately apply the current amount standard to juridical practice,including: making it clear to calculate the amount property interests;explaining how to judge individuals' criminal responsibility in the situation of joint crime of bribery;solving the problem of how to deal with mistakes of the amount of bribes.Part three manages to find out how to make circumstances of sentencing standard work better in the process of sentencing of bribery crime.On the one hand,this paper makes clear explanations on specific circumstances of sentencing standard.On the other hand,this paper puts forward some principle requirements on how to apply circumstances standard in the process of sentencing for bribery crime.