An Empirical Analysis Of The Conviction And Sentencing Of The Crime Of Corruption

The continuous development of judicial practice has made the original conviction and sentencing standards for corruption crimes in the original legislation unable to adapt to the judicial realities,leading to the fact that the amount of conviction and sentencing in judicial practice has been shelved,the range of special extenuating circumstances is virtually null and void,the standard of sentencing is ambiguous,and the sentencing distortion is obvious.The Criminal Law Amendment No.9 in 2015 amended and perfected the conviction and sentencing standards for corruption offence,expanded the scope of application of the special width-related punishments for corruption offence,raised the standard for the amount of crimes of corruption,and changed the conviction and sentencing model of the only amount.Although it has played a certain role in judicial practice,it has eased the phenomenon of minor distortions in sentencing and made sentencing more standardized.However,through judging and analyzing the judicial practice of corruption,it can be seen that the revision of corruption-related crimes legislation is still not perfect and is reflected in the plot.The sentencing plot did not receive the attention it deserved.The expansion of the scope of application of the special plots violated the criminal policy of strict control;the amount was still based on the deterministic amount standard before the revision of the legislation,and it was impossible to overcome the deterministic amount standard.Solidifying and increasing the amount of incriminating causes corruption and more incoherence between property crimes such as theft and fraud.In view of the limitations of this legislative amendment,the establishment of standards for the measurement of corruption crimes should be commensurate with the level of acceptability of the people.It is not possible to blindly increase the amount of imprisonment in accordance with the level of economic development.At the same time,the revision of the standard for the amount of sentencing should focus on systematization.The coordination relationship between property crimes such as theft,fraud and other crimes cannot result in a corruption penalty that is lighter than general theft,fraud,and other property-related crimes.Furthermore,the conviction and sentencing of corruption crimes should implement the policy of combining leniency with strictness,and must not form a situation of blindly striking.Excessive tolerance for corruption crimes cannot be tolerated.Therefore,corruption crimes should be properly established to meet the threshold of incrimination and prosecution standards,to distinguish the entry threshold from the threshold for entry and exit,to avoid excessively narrowing the criminal circle,and at the same time to improve the status quo of the shortage of judicial resources and ease the pressure on the judicial organs to handle the case;Since the wide punishment case applies to all property-related crimes,the relationship between corruption crimes and other property-related crimes can be coordinated.The timely and appropriate establishment of a sentencing guidance system can make the legislation and the judiciary more standardized.In order to effectively resolve the systemic dilemma of the current conviction and sentencing standards for corruption crimes in China,and to respond to the grim corruption crimes at this stage,it is necessary to improve the legislation and the judiciary.Through the method of empirical analysis,the article finds the problems in judicial practice in judicial practice judgments,and further explores deeper legislative issues,and then based on existing problems in the legislative and judicial aspects,combined with the development status of corruption crimes in China,Proposing sound legislation and avoiding the weak application of legislation due to the full reliance on judicial practice to amend legislation.