Research On The Application Of Standardization Of Sentencing Circumstances For The Crime Of Accepting Bribes

Since the 18th National Congress of the Communist Party of China,the Party Central Committee has intensified the punishment of corruption and bribery crimes,but the crime of accepting bribes is still frequent.In order to scientifically combat corruption and bribery crimes,the state has also revised the law in a timely manner,"Criminal Law Amendment(9)",2016 The "Interpretation on the Application of Several Issues in Handling Criminal Cases of Corruption and Bribery" issued in April 2008 further elaborated on the issues related to the sentencing of bribery crimes,clarifying eight circumstances that affect the conviction of bribery crimes or the promotion of statutory sentences,including multiple bribery,and strengthened non-amounts.The applicability of the plot,and the long-term tradition of "heavier convictions and light sentences" in practice has led to the phenomenon of very light penalties for the crime of bribery in judicial practice.Regarding the issue of sentencing for the crime of bribery,after determining the baseline penalty,the application of the sentencing circumstances plays a most important role in the adjustment of the baseline penalty and the fairness of sentencing.The sentencing circumstances are divided into legal sentencing circumstances and discretionary sentencing circumstances.In theory and practice,there are still certain disputes about the legal sentencing circumstances and the discretionary sentencing circumstances.This article mainly studies the crime of bribery,combined with the country's requirements for the reform of the standardization of sentencing,analyzes from the perspective of the crime of bribery the problems in the application of sentencing scenarios for judges in sentencing activities in judicial practice.This article will discuss the sentencing scenarios for the crime of bribery from the following three parts Applicable standardization issues.The first part of the article discusses the theoretical basis for the application of standardization in the sentencing circumstances of the bribery crime.Mainly through the analysis of the feasibility of applying the standardization of the crime of bribery sentencing scenarios,the necessity analysis clarifies the significance of the application of the standardization of the sentencing scenarios of the bribery crime.By exploring the basis of the standardization of sentencing scenarios for the crime of bribery,namely retributivism and preventionism,and discussing the choice of the basis of punishment for the crime of bribery in China,this paper provides a justification for the study of the standardization of sentencing scenarios for the bribery crime.It also reflects on the theoretical basis of the application of the standardization of the sentencing circumstances for the crime of bribery.Mainly through the analysis of the theoretical problems of the legal quantitative penalty circumstances and the discretionary sentencing circumstances,mainly discuss the issue of the application of the legal quantitative penalty circumstances and the legislative issues of the legal quantitative penalty circumstances,the concept and content issues of the discretionary penalty circumstances,Clarify its theoretical controversy,reflect on its existing problems,in order to lay the foundation for the later empirical research.It also responded positively to the application of standardized standards in the sentencing circumstances of the crime of bribery.That is,from the combination of qualitative analysis and quantitative analysis,the dynamic balance of standardization and discretion is unfolded.The second part of the article is an empirical analysis of the application of standardization in the sentencing circumstances of the bribery crime.This article takes the judicial cases of Nanjing City as the starting point,explores the situation and specific characteristics of the circumstances and specific characteristics of the circumstances of the crime of bribery in Nanjing,and discusses the problems in the circumstances of the crime of bribery.Mainly analyze and explore its insufficient application from the legal sentencing circumstances that affect the crime of bribery,namely surrender,confession,and demand for bribes;from the discretionary sentencing circumstances that affect the crime of bribery,that is,active return of stolen money,first offense,criminal misdemeanor,voluntary confession,sincere repentance To study the problem of its insufficient application with repeated evaluation of the principle of plea guilty and punished leniency.The third part of the article is the establishment of a standardized system for the sentencing of bribery crime.The article will take into account the general background of the reform of the standardization of sentencing.From the bribery crime sentencing scenario,the standardized entity path includes the improvement of the relevant legislation on the crime of bribery and the improvement of the case guidance system.The improvement of the sentencing procedure for the crime of bribery includes the establishment of an independent sentencing procedure and the advancement of the sentencing procedure.Disclosure,etc.,and build a standardized procuratorial and supervision system for the sentencing of bribery crimes,such as strengthening legal supervision,ensuring the fairness and independence of case review,and actively exercising the right to protest,etc.,to provide suggestions for standardizing the application of sentencing scenarios for bribery crimes,and then standardize the application of the sentencing scenarios for bribery crimes,In order to achieve justice in sentencing,reduce the phenomenon of light sentencing,and ultimately achieve judicial justice.