| The crime of corruption is a typical duty crime,and it is also a crime that is punished with emphasis in the fight against corruption.Since the 2015 "Criminal Law Amendment(9)"(hereinafter referred to as "Criminal(9)")and the 2016 "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Corruption and Bribery"(hereinafter referred to as "Interpretation"),crimes of corruption The new conviction and sentencing standards are basically established,but there are still various problems in the sentencing of corruption crimes in judicial practice.Therefore,the author uses 102 cases and 119 defendants in 24 provinces across the country to be concluded in 2020 to conduct statistics,description and empirical analysis on the sentencing of sample cases of corruption crimes,with a view to discovering and verifying sentencing practices for corruption crimes The existing problems and limitations,and analyze and excavate the causes of the problems,and put forward targeted suggestions for improving the sentencing of corruption crimes.In the first part of this article,the author explained the concept of sentencing for corruption crimes,the connotation and characteristics of sentencing circumstances,combed and analyzed the current norms of sentencing for corruption crimes,and briefly reviewed the current sentencing standards for corruption crimes.The second part is the description and empirical analysis of sample cases of corruption crime.The first is the selection method of the sample cases and the sample overview;the second is the description of the overall situation of the sentencing of the sample cases;the third is the analysis of the penalty application;the last is the analysis of the amount of sentencing and the application of the sentencing circumstances.The third part is the analysis of the problems in the practice of sentencing for corruption crimes.Based on empirical research,the author found the following problems in the practice of sentencing for corruption crimes: incomplete legislation;light sentencing;imbalances in sentencing to a certain extent;inadequate sentencing circumstance identification and irregular application of sentencing;insufficient sentencing reasoning,improper sentencing recommendations,sentencing The program is not independent and so on.The author further analyzed the reasons for the above-mentioned sentencing problem.The fourth part is the perfect suggestion for the sentencing of corruption crime.In terms of legislation,the author believes that it is necessary to improve the regulations on the amount of corruption and the system of sentencing circumstances;in terms of justice,the author recommends correct understanding and implementation of criminal policies,strictly regulating the identification and application of sentencing circumstances and the application of probation;in terms of procedures,the author recommends standardizing sentencing suggestions The establishment of relatively independent sentencing procedures to strengthen the sentencing of corruption crimes. |
