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Empirical Research On Sentencing For Bribery Crime

Posted on:2019-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:H H LinFull Text:PDF
GTID:2436330545958661Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime of accepting bribes,as a typical crime in the crime of duty,has always been the main attack point of the anti-corruption.Whether the measurement of the crime of accepting bribes is appropriate or not is not only related to the effectiveness of anti-corruption work,but also to the credibility of the state's judicature,and even to the fate of the party and the country.Therefore,it is necessary for us to explore how to make a reasonable sentencing of the crime of accepting bribes.There are four modes of criminal law regulation in the crime of accepting bribes:"not strict and not severe","strict and severe","strict but not severe","severe but not strict".In our country,the crime of accepting bribes is concealed and frequent,and its social harmfulness is becoming more and more serious.Therefore,It is should to adopt the"strict and severe "model.But,because of the following reasons,the sentencing of the crime of accepting bribes does not reflect "strict and severe",but the problem of "not strict and not severe".Firstly,because of the influence of the "official rank standard" thought etc,the judges are more prone to light punishment in sentencing.Secondly,as the criminal law amendment(nine)has increased the starting point of the measurement of the crime of accepting bribes,some peoples accepted bribes before the amendment have been excluded from the scope of the crime of accepting bribes,that is person who should be sentenced is not to be sentenced.Thirdly,because of it is not standardized for the circumstances of lenient sentencing in the judicial practice,although the sentencing of the crime of accepting bribes is within the legal range of punishment,the vast majority of them are below the middle line,and the application rate of life imprisonment and death penalty is very low.Finally,due to the reason of sentencing guidance and supervision is not in place,the proportion of circumstances for liberal punishment is far higher than circumstances for severe punishment.To solve the problem of "not strict and not severe" in the measurement of the crime of accepting bribes,firstly,we should correct relevant wrong ideas,abandoning the traditional thought of "official rank standard" and "punishments on the basis of the amount of bribes",accurately understand the connotation of the modesty of criminal law and the criminal policy of tempering justice with mercy.Secondly,improving relevant laws and regulations,including reducing the starting point of the "heavier plot",making clear the contents of related "specific circumstances",and increasing the relevant provisions of sentencing of bribery in "sentencing guidance".Thirdly,standardizing the identification of surrendering oneself voluntarily,giving up ill-gotten gains actively,avoiding or reducing the occurrence of the damage,and special forgiveness system.At the same time,some circumstances,such as the stolen goods have been recovered,prosecution(not verified)and not causing a loss,should be excluded from the circumstances of the sentencing.When the amount of bribery does not reach a certain standard,a specific circumstance can not be used as a convicted circumstance,it should be considered as a circumstance of sentencing.Finally,strengthening the guidance and supervision of the measurement of the crime of accepting bribes,mainly including:strengthening the case guidance system of the crime of accepting bribes,giving full play to the the office of the public prosecutor's right of sentencing proposal and the right of objection.
Keywords/Search Tags:The crime of accepting bribes, Criterion for imposing penalty, The circumstances of sentencing, Not strict and not severe, Standardization of sentencing
PDF Full Text Request
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