Standardization Of Sentencing For Bribery Crime

Sentencing standardization means that in criminal discretion activities,judges determine the provisions through criminal substantive law and criminal procedure law,and combine the specific circumstances of the case,under the guidance of the principles of fairness and justice,regulate and correctly exercise the discretionary power of sentencing,and through the scientific sentencing procedure,and use reasonable sentencing rules to make the criminal defendant's penalty results consistent with the purpose of penalty,meets the requirements of individual justice for penalty,and reflects the principle of adaptation of criminal responsibility and punishment.Sentencing standardization has the characteristics of subject specificality,object particularity,goal fairness and impartiality.The connotation of sentencing should be the discretion of punishment,and the punishment in judicial practice cannot be understood as the quantification of punishment.It has be required that in sentencing has a standardized sentencing basis,sentencing methods,sentencing procedures and sentencing results,and sentencing standardization is to regulate the discretionary power of judges and sentencing standardization does not mean that the same penalty is imposed in same case.The standardization of sentencing does not mean that the same penalty is imposed on the same case.The standardization of sentencing does not exclude the same punishment and constitutes the connotation of the standardization of sentencing.In the early days of the founding of the People's Republic of China,the criminal law in the early days of the founding,the Criminal Law of the 1979 and the Criminal Law of 1997 all provided for the punishment of crime of acceptance of bribes.These provisions on the penalty of crime of acceptance of bribes provide certain conditions for the sentencing standardization of the crime of acceptance bribes.However,these provisions still fail to meet the requirements for the sentencing standardization of the crime of acceptance bribes.At present,there is an imbalance in the sentencing of thecrime of acceptance bribes in China.There is a lack of independent penalties for the sentencing of the crime due to the imbalance of sentencing crimes and the lack of standardization.The statutory penalty for accepting bribes is a stipulated that it is difficult to provide scientific and reasonable independent statutory penalty provisions for the standardization of bribery crimes.The dual-sentence model with the amount and plot as the core of bribery crimes is difficult to guarantee the standard sentencing of bribery crimes and the bribery provisions of criminal law.The statutory sentence is too small,the judge's discretion is too large,it is difficult to meet the need for standardized sentencing of bribery,and the lack of physical reasons for the lack of bribery.There are also procedural reasons for the lack of an independent sentencing procedure and sentencing suggestion system for accepting bribes.In order to standardize the sentencing of accepting bribes,on the one hand,we should construct an independent statutory penalty system for the crime acceptance bribes.Providing independent statutory punishment for the standardization of bribery,constructing a sentencing system based on plot-based bribery crimes,comprehensively considering the sentencing circumstances of bribery crimes,increasing the sentencing scale of accepting bribes,limiting the self-quantitative power of judges,and formulating sentencing guidance opinions on bribery crimes.Improve the sentencing case guidance system for the crime acceptance bribe.On the other hand,an independent sentencing procedure should be established to establish a standardized sentencing recommendation and a sentencing defense system.