Analysis On Real Problems In The Sentencing Of Taking Bribes And Its Improvement

At present, the crime of bribes has become the focus in combating duty crime and in the judicial practice; the sentencing for crime of taking bribes becomes the most difficult problem in the trial stage, and also the controversial focus of the social public. This paper takes the status quo of the trial of crime of taking bribes by a pilot intermediate court in Hanjiang in Hubei Province, analyzes the cartelistic characteristics of the current legislation in this aspect in China as for sentencing mode settings of crime of taking bribes, refers to legislation experience of other countries and Hong Kong and Taiwan on crime of taking bribers and proposes suggestions for the improvement of sentencing mode settings of crime of taking bribes.This paper is divided into the following parts, about 18,000 words.Part One introduces the judicial status quo of the trial on crime of taking bribes in China. This part cites the data on the tried crime of taking bribes by the court where the author is working in recent years, compares and analyzes the bribed amount involved and the sentenced criminal penalty in the cited cases and proposes the imbalance in the sentencing in the current judicial practice.Part Two elaborates the current sentencing mode of crime of taking bribes in our country. The author clarifies and elaborates the evolution and amendment to the sentencing of crime of taking bribes in the previous legislation since the foundation of new China, and briefly introduces the sentencing characteristics of this crime in the current law, such as punishing crime of taking bribes in reference to crime of corruption, amount centrism and single supplementary punishment.Part Three discusses the defects in the current legislation mode in our country. The author discusses and analyzes the problems of crime of taking bribes in the judicial practice under the current legislation mode, including life sentence emptiness, different crimes with same punishments, different sentencing resulting from amount standards, the dilemma confronted in the execution of property punishment and unfair proceeding.Part Five elaborates the legislation reference. Through the comparison with the sentencing characteristics of this crime in foreign countries and Hongkong and Taiwan, the author analyzes their enlightenment on the statutory punishment setting and criminal punishment setting of crime of taking bribes in our country.Part Five proposes the suggestions for the improvement of sentencing mode of crime of taking bribes. This part proposes suggestions for relevant problems in the sentencing of crime of taking bribes in the judicial practice in our country, including strict restriction and even abolishment of death penalty, improvement on the statutory punishment and crime name setting of crime of taking bribes, establishment of the sentencing assessment system centered on circumstances, improvement of the setting of fine punishment and punishment against qualifications and establishment of the database of the cases of taking bribes.