Study On The Trend Of Light Punishment Of The Crime Of Corruption And Bribery

The light punishment of the crime of corruption and bribery refers to the trend of the judiciary to impose criminal penalties for acts of corruption and bribery, to impose a lighter sentence on the defendant. Light punishment of corruption and bribery, it is not only contrary to the basic principles of criminal law guilt Suiting hinder the realization of the purpose of punishment, but also contrary to the Criminal Justice Policy enthusiasm greatly dampened the people involved in the fight against corruption, the society as a whole civilization the formation of the environment and the public culture of the rule of law have resulted in a significant negative impact. Committing bribery and criminal law judicial practice in light punishment the general performance of the three scenarios:First, probation, pardon the application is very broad, and the second is the amount of the conviction and sentencing of standards mastered too wide and the third is a fine, confiscation of property, the application of the additional punishment marginalized. Tendency of light punishment of the crime of corruption, bribery criminal law causes are multi-faceted, multi-level, where the feudal concept of hierarchy and privilege, and the impact of the Chinese the "Features favor relationship is an important reason for the light punishment of the crime of corruption, bribery criminal law, corruption, bribery abuse when the magnitude of the crime of sentencing standards requirements too wide set of penalties for the crime of corruption, bribery unscientific is the root cause of the light punishment of the crime of corruption, bribery criminal law, procuratorial organs to the collection and preservation of evidence is weak, and the protest low in the first instance and the People’s Court trial discretion is the direct cause of the light punishment of the crime of corruption, bribery criminal law. To reverse the trend of light punishment of corruption and bribery must be from a conceptual change, improve legislation on judicial improvements, improve the supervision system in four areas start of Corruption and Bribery apply "moderate severity" penal philosophy, further refine the sentencing range, additional and qualification Penalty perfect crime of corruption, bribery and criminal property, to intensify efforts and to improve the collection and preservation of evidence in the procuratorial organs protest rate, and the reasonable control of the judge’s discretion and set a probation hearing procedures, improve the administration of justice inside and outside of the right course of oversight mechanisms and strengthen supervision by the masses, public opinion and other social supervision...