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An Empirical Analysis Of Sentencing Circumstances In Corruption Crimes

Posted on:2020-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:J J RenFull Text:PDF
GTID:2436330575998677Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Anti-corruption is a long way to go,and the sentencing of corruption crimes is also a crucial link.Based on the previous theoretical research soil,constantly explore and think,and combined with the current situation to progress and development.It is self-evident that China's criminal law endows judges with appropriate discretion to determine and adjust the circumstances of sentencing to determine the sentence.There are some voices questioning the result of punishment in duty crime,not because of the lack of legitimacy,but largely because of the lack of rationality.In order to better achieve the ideal effect of the adaptation of culpability and punishment,the application of sentencing circumstances should be regarded as a crucial link in the process of the judge's penalty adjudication,and at the same time,it should be supported by constantly updated criminal jurisprudence theory and constantly optimized judicial practice experience.At the present stage,the research on the sentencing of corruption crime in China's criminal law circle is extensive,mainly focusing orn the noumenon of the sentencing circumstances,but the specific analysis of the application of specific sentencing circumstances is relatively less.In judicial practice,the judgment of the crime of corruption has the characteristics of broad application of sentencing circumstances,loose identification and non-standard application,and there are different judgment results in ceses with similar amount of corruption.In order to better study the non-standard application of the foregoing sentencing circumstances,the amount of embezzlement is limited to a legal penalty range.With the help of data analysis method,literature analysis method and other methods,the author makes a deep reflection while making tables and analyzing data,that is,how the judge makes a judgment based on these circumstances.One of the prerequisites for mastering a skill flexibly is to have a comprehensive and correct understanding of the skill.The standard application of sentencing circumstances in the crime of corruption is no exception.In theory,the sentencing circumstances of the crime of corruption have a relatively accurate qualitative and grasp,sentencing circumstances can be applied.Of course,in a specific case of corruption there may be only one sentencing circumstances,or there may be more than one sentencing circumstances coexist.Comparatively speaking,the former is easy to solve,while the latter contains profound essence of law in view of its complexity.From another perspective,the solution to this problem is also the crux of sample analysis results to some extent.The analysis of the application of multiple sentencing scenarios in corruption cases exactly echoes the question raised above,that is,why the results of corruption cases with similar amounts are different.This is a difficult problem for judges to determine the defendant's sentence in the trial of corruption cases.Therefore,through the determination of the benchmark punishment of the crime of corruption.and to quantify the circumstances of the crime of corruption sentencing and sentencing of multiple circunstances to take a specific method integration,can be further determined to declare the punishment.Whether it exists in the theory of criminal jurisprudence or in judicial practice in the future.there is a space for continuous exploration and improvement of the sentencing circumstances of the crime of corruption.It is difficult to enlighten and find if we only observe the criminal law theory from the outside with the help of a single ideological tool,and do not integrate the concepts,articles and cases into the criminal law system.
Keywords/Search Tags:crime of corruption, statutory circumstances of sentencing, disrectionary circumstances of sentencing, concurrence
PDF Full Text Request
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