| The problem of accepting bribes is an official phenomenon that exists in every country,so China is no exception.Especially after the implementation of China’s reform and opening-up policy in 1978,the national economy has continued to develop with the steady improvement of people’s living standards in these more than forty years,which has led to an increasing number of bribes and a rising amount of bribes.This not only poses a huge threat to the country’s economic security,but also seriously damages the image of the party and government and undermines the state system.Therefore,after the 18 th National Congress of the CPC,the state has stepped up its efforts to combat corruption,not only to improve the corresponding laws and regulations,but also to set up a new national agency with the supervisory function,the National Supervisory Committee.The purpose of the establishment of this agency is to integrate anti-corruption The full power of resources,under the advantages of centralized and unified,to carry out anti-corruption work efficiently and authoritatively.The nation ’s anti-corruption actions and determination have won praise from all walks of life.However,while the state has vigorously cracked down on corruption and bribery crimes,it must also pay attention to the sentencing of these crimes.Whether the sentencing is fair or not not only affects the achievements of the country ’s anti-corruption work,but also reflects the credibility of the country ’s justice and the image of the party and government problem.In particular,after the sentencing standards for bribery have undergone new changes,whether the application of sentencing has improved.Because of the above-mentioned reasons,the author believes that it is of great significance to investigate the sentencing of bribery.The author will conduct an empirical analysis of740 effective bribery verdicts collected across the country after the implementation of the new law,and display the analysis data in the form of charts and other forms.This method can intuitively find that there is a problem with the sentencing of bribery crimes.The author analyzes the reasons for the imbalance in sentencing of bribery crimes by combining the data analyzed with the existing laws and regulations in our country,and concludes that: 1.The legal penalty range for bribery crimes is not complete;2.There is no uniform sentencing rule for bribery crimes;3.The circumstances of crime measurement and punishment are too general;4.Judges have too much discretion;5.Inaccurate grasp of criminal policy.Finally,the author puts forward suggestions for improving sentencing for bribery.In terms of substance,firstly,an independent legal punishment for bribery should be set up;secondly,uniform sentencing guidelines for bribery sentencing should be formulated;finally,the determination of sentencing circumstances should be strictly regulated.In terms of procedures,firstly,the rationale of sentencing in the judgment documents should be strengthened;secondly,the criminal case guidance mechanism should be strengthened;finally,the criminal policy should be correctly grasped. |
