Empirical Analysis Of Sentencing Of Corruption Crime: Problems And Countermeasures

Since the Eighteenth National Congress of the CPC,the scope of high-pressure anti-corruption has been widely recognized by the society,and scholars have discussed the conviction and sentencing of the crime of corruption intensely.China’s legislation is committed to improving the relevant provisions of the conviction of the crime of corruption,and has made tremendous progress and breakthroughs.The Ninth Amendment of Penalty revised the rigid conviction and sentencing mode of "determining the amount of conviction" to the flexible conviction and sentencing mode of "summary amount + circumstance",which immediately attracted great attention from academia and practitioners.In order to deal with the difficulty of applying the amount and circumstance of crime in practical operation,the Explanation of Corruption and Bribery once again specified the sum of generalization and changed it back to "determining the amount of conviction".” The rigid conviction and sentencing mode.The author hopes to get the impact of two conviction and sentencing modes on the conviction of corruption through empirical analysis.Empirical analysis is based on the judgment of "Judicial Documents Network" as a data sample,to explore the regularity of corruption crime in practice,find problems,and seek to improve countermeasures.Through the selection and analysis of the judgment documents of the crime of corruption,we find that: firstly,the trend of the light punishment of the crime of corruption in our country is more obvious than that of the general amount crime;secondly,under the rigid mode of "determining the amount of conviction",the application of the circumstances is not paid enough attention to in the actual sentencing of the crime of corruption;thirdly,to a certain extent,the crime of corruption.As a crime of amount,the amount of conviction should be set.The author will deal with the amount of exemption from criminal punishment by "digitalization".Assuming that the amount of exemption from criminal punishment is infinitely close to the amount of conviction,it is found that the amount of exemption from criminal punishment varies from thousands to hundreds of thousands of yuan in practice,and the amount of conviction is not in practice with the determination of conviction.The amount of 30,000 yuan has a very close relationship;Fourthly,the defined amount range in the Interpretation of Corruption and Bribery results in the marginal decrease of criminal cost when guiding the judicial process;Fifthly,the application of lenient circumstances has set up an accelerator for the light punishment of corruption crime,which is somewhat inappropriate under the situation of high-pressure anti-corruption.The fifth chapter of this paper focuses on finding solutions to the problems found through data research,mainly from balancing the criminal law system of crime of amount,strengthening the influence of circumstances in conviction and sentencing,improving the relevant provisions of the amount of corruption crime,establishing the guidance system of conviction and sentencing of corruption crime and diluting the special lenient circumstances.The particularity and other angles to explore the improvement measures.