An Empirical Study On The Handling Of Bribery Cases In China

Our country’s unit bribery crime takes "double punishment" as the punishment principle,and the criminal unit and the unit responsible person are bound and inseparable from each other from the crime,crime and prosecution.However,in reality,there are many crimes committed by natural persons and few crimes committed by units,the persons in charge of units are accused of crimes committed by units but the units are not prosecuted,the determination of unit crimes is one-sided,and the sentencing is uneven,which reflects the poor operation of the handling mechanism of unit bribery cases in China,which fails to fully protect the legitimate rights and interests of the units and the persons in charge of units,and it is difficult to achieve the legislative goal of combating and preventing unit crimes.Based on this,this study is based on the current legal framework of unit bribery crime,taking the judicial documents of unit bribery crime as the main analysis sample,using the empirical research method of combining quantitative analysis and qualitative analysis to systematically explore the current situation of accusation,defense and adjudication of unit bribery cases,uncover the "veil" of handling unit bribery cases,and analyze its main problems and causes,It is committed to providing a reliable empirical basis,new ideas and feasible paths for the handling of bribery cases by units in the new era in China.In addition to the introduction and conclusion,this paper consists of four parts:The first part is the normative analysis of the handling mode of unit bribery crimes in China.Sort out the legal norms of unit crime and unit bribery crime in China,and summarize the four major characteristics of the handling mode of unit bribery crime in China: regarding the punishment principle,unit crime in China is mainly "double punishment",unit bribery crime is a typical "double punishment" unit crime,and a small number of other unit crimes only give "single punishment" to the unit responsible person.Regarding the types of punishments,the unit punishment method is only a fine and mainly an unlimited fine system,while the responsible person punishment methods are diverse and no different from the bribery crime.Regarding the sanctions standard,the conviction standard for unit bribery is higher than that for bribery,while the sentencing standard is wider than that for bribery.Regarding the handling procedures,the particularity of the litigation method is manifested in three aspects: the specificity of the compulsory measures taken by the involved units,the prosecution of criminal cases led by the procuratorial organs,and the particularity of the arrangement of trial procedures.The second part is an empirical analysis of the handling of corporate bribery cases in China.Following the progression of the litigation process,starting from different subjects,this paper conducts an empirical study of the allegations,defenses,and judgments of unit bribery cases.Based on the sample study,it is found that in terms of allegations,the units involved are mainly private enterprises,with a high incidence in the construction industry.The rate of charges against the responsible person of the unit is higher than that of the unit,and the charges are mainly made by the directly responsible executives.The evidence against the unit’s crime is mainly documentary evidence,witness testimony,and the defendant’s statement and defense.In terms of defense,there are similarities between the defense of the unit and the lawyer responsible for the unit,both of which focus on discretionary lenient defense,mainly providing discretionary lenient defense opinions and evidence,and the defense focuses on confession and repentance.In terms of adjudication,it mainly adopts the accusation opinions of the procuratorial organ and the discretionary defense opinions of the defense party,and mainly determines the crime of bribery committed by the unit.The main characteristics of the application of punishment are "dual punishment" and light punishment.The third part is the problem analysis of the handling of bribery cases in our country.The study found that the procuratorial organs arbitrarily exercised the discretion of prosecution against some units,mainly manifested in the abuse of the case-by-case handling mechanism,the arbitrary suspension of cases against the units involved,and the irregular exercise of the right of non-prosecution.The imbalance between the setting of court procedure and the internal mechanism of unit bribery crime is embodied in the fact that the choice and participation of the litigation representative is a mere formality,the conflict between the court confrontation and the internal mechanism of unit crime,and the lack of verbal evidence in the court preface.The judicial documents of the crime of unit bribery are inadequate,which are mainly manifested in the absence of responsive reasoning for the defense opinions of the crime of unit bribery,the lack of reasoning for the crime of unit bribery,and the unbalanced application of penalty for the crime of unit bribery.The fourth part is the suggestions for improving the handling of bribery cases in China.Based on the problems found in the study,this paper puts forward suggestions for effective governance of unit bribery crime around improving the conviction and sentencing rules of unit bribery crime,carefully constructing the compliance non-prosecution system and improving the trial mechanism of unit bribery crime.The first is to unify the sanction standards of unit bribery crime and bribery crime,standardize the sanction standards of unit fine punishment and clarify the principle of compliance and leniency.The second is to refine the investigation and evaluation of compliance rectification,clarify the legal consequences of compliance rectification and set up the supervision procedures for compliance non-prosecution.The third is to establish the system of qualified litigation representative,set up the court procedure to fully review the crime of unit bribery,and strengthen the reasoning of the judicial documents of the crime of unit bribery.