| After " the Criminal Law Amendment (IX)" and " Interpretation of issues about corruption and bribery application " which created by Supreme Court and Supreme Procuratorate, the standards of bribery sentencing are more diverse and meticulous, the connotation of the death penalty and life imprisonment is more richer, the restriction about the immediate execution of death penalty is more tightened. However, those change means the change of the whole system of the death penalty, life imprisonment in bribery case, new changes have solved some problems, but it doesn’t mean all bribes problems have been solved. How to apply new sentencing standards, bribery punishment applicable condition is relatively fuzzy, lack of the death penalty, life imprisonment sentencing method, how to how to apply Life imprisonment without parole, judicial interpretation and other norms need further perfect,those questions emerges unceasingly, how to correctly apply the death penalty, life imprisonment is still a difficult problem in front of law officers. Although untill now there have no cases of death penalty and life imprisonment after the " criminal law amendment (ix)",however, if not perfect the related system as soon as possible, the phenomenon that same cases have different results will still exist.Those problems of death penalty and life imprisonment are not only a punishment configuration issues, but also a penalty measuring issues. Therefore, if we wanted solve problems that exist in bribery death penalty and life imprisonment, we need to set out from two levels of configuration and apply the comprehensive research on the bribery the death penalty, life imprisonment. Specifically, the first level is configuration aspects of the death penalty and life imprisonment which means legislative issues; the second level is the application of death penalty and life imprisonment which means justice and execution problems. This paper will find question from phenomenon, express my opinion about those discovered problems and explain reasons, finally based on the analysis of targeted put forward the concrete scheme to solve the problems, in order to further improve the system of death penalty and life imprisonment in bribery, make the criminal law amendment (ix) and the related judicial interpretation play more effective.The first chaper introduce the currrnt situation of the death penalty and life imprisonment in bribery cases, this part using the method of text analysis detailed investigate the current criminal law and judicial interpretation, at the same time by using the method of data analysis to collect and summarized the bribery case which sentenced to death or life imprisonment.Through the above two perspective taking bribes the death penalty, life imprisonment in the present situation of the norms and practices, and sums up the problems of configuration level, application level. In configuration, bribery has two problems:the sentencing standrds is difficult to apply; Range of sentencing is broad, penalty measurement method is lack; Judicial interpretation and other normative documents need more perfect; Rules about limit commutation are imperfect.The second chapter intend to choose the basic position about those penalty. Before we try to slove those problem, we must take a postion. Position, refers to the position and attitude when dealing with problems. The author consider that the death penalty in bribery should be retained, death penalty with suspension of execution should be standard apply, life imprisonment shall be fully apply, this part will focus on explaining the reasons of those positions.The third chapter is the part to solve problems. On the basis of the first chapter summarizes the four questions, this chapter is divided into three parts. To solve "The sentencing standrds is difficult to apply","Range of sentencing is broad, penalty measurement method is lack"; we should make legislation adjustment in contents and forms. To solve "Judicial interpretation and other normative documents need more perfect",we should further standardized the judicial interpretation and guiding cases. To solve "Rules about limit commutation are imperfect",we must continuously improve the institutional system of life imprisionment in substantive and procedural aspects.The abolition of death penalty in bribery will be a long process, but limit the death penalty, standardization of the death penalty, death penalty applied to fair should be start right mow. Life imprisonment faced with the problem of punishment is too light, but with the establishment of life imprisonment without parole,life imprisonment will certainly play a more important role. Regulate bribes-taking penalty,In essence, is an effort to curb corruption, also an effort to regulat the power. Curbing corruption need multilateral efforts, the most important side is the rule of law. I believe that this research about death penalty and life imprisonment problem can make a certain contribution to construction of anti-corruption. |
