Research On Sentencing Of Bribery Crimes In J City Of H Province

After the Eighteenth National Congress of the Communist Party of China,the country continued to fight corruption crimes with a high pressure.In order to fight corruption crimes more effectively,the crime of taking bribes,one of the types of corruption crimes,was greatly revised in the "Amendment to the Criminal Law(9)" To change the standard of conviction and sentencing of bribery crimes from a specific amount to the "summary amount or plot" model,in an attempt to improve the phenomenon of the imbalance of sentencing in the past when the sentencing of bribery crimes was based on "only amount theory".In less than one year after the implementation of the "Amendment to the Criminal Law(9)",the "Two Highs" issued the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery"(hereinafter referred to as "Corruption and Bribery Interpretation")The amount standard of the crime of bribery in the "Amendment to the Criminal Law(9)" is specified,and eight types of plots are specified,which provides a clearer standard for the conviction and sentencing of the crime of bribery,but has it changed the phenomenon of imbalance in the sentencing of bribery crimes? It also needs to be observed in conjunction with the specific bribery judgment.In view of this,the author collected 81 verdicts on bribery from 2016 to 2018 in City J,Province H mainly used empirical research methods to analyze the sentencing plot,sentencing reasoning,sentencing results,and evaluation of sentencing results.J the problems of sentencing in the city of bribery crime,and analyze the subjective and objective causes of the problems,explore the solutions to the sentencing problem of bribery crimes,put forward corresponding countermeasures,in order to try to give some suggestions for the problems of sentencing in city J.This article will be divided into four parts to discuss: The first part is an introduction,which mainly introduces the research background and the significance of this article,summarizes the research status of the sentencing of bribery crime,and briefly explains the reasons for determining the time and geographical scope of the sample,summarizes the research methods of this article.The second part mainly introduces the development process and current situation of China’s bribery crime conviction and sentencing standards.Introducing the situation of the sample of the judgment collected by the author,supplemented by the graphic display as the main text description,and analyzes the problems presented by the city of bribery crime sentencing.Including the determination and application of sentencing circumstances are not standardized,the lack of sentencing reasoning,the application rate of probation and exemption is high,the application of non-standard and unbalanced sentencing.The third part mainly analyzes the reasons for the problem of sentencing in the bribery crime in J city,including the unclear definition of the object to which the "case handling organ" belongs and the interference with extra-legal factors,the ideology of "reconviction and light sentence" and the judge’s own factors and the subjective and objective influence of the format of the criminal judgment,misunderstanding of the harmfulness of bribery crimes,the abstraction of applicable standards for probation,the unreasonable amount standard configuration of the sentencing of bribery crimes,and the vague plot standards.The fourth part is about the suggestion of improving the sentencing of bribery crime in J city,and put forward specific improvement measures.Specifically,the first one is to regulate the exercise of discretion by judges and improve the legal professional quality of judges;the second one is to attach importance to the sentencing argumentation of bribery crimes,to enrich the content of sentencing argumentation of the judgment on bribery crimes,and to establish an incentive mechanism for sentencing argumentation of judgment documents;The harmfulness of bribery crimes,and further clarify the applicable conditions for probation exemption;fourthly,set a reasonable amount of bribery sentencing standards,and refine the criteria for the sentencing of bribery crimes.