Study On The Sentencing Of Bribery Crime

Since the eighteenth congress, further intensify ant i-corruption punishment in our country, the anti-corruption has obtained the good social effect. Simply say good in public at the same t ime, in addit ion to the corruption crime, bribery punishment results also become the focus of public attent ion. Staff as the judicial pract ice, the writer know s, from the judic ial pract ice, taking bribes sentencing has many problems. This art ic le writ ing more than 50000 words, chapter three analyzes the issue, for taking bribes sentencing just ice.The article first chapter for the bribery sentencing sy stem overview. First introduces the legislat ive evo lut ion and characterist ics of bribery crime sentencing system in the slave societ y to the feudal societ y, the Republic of China to the founding of new China, after the founding o f new China, and then summarizes the Unit ed States, Germany and Japan accept ing bribes sentencing system, through comparat ive analysis, draws lessons fro m the United States, Germany and Japan about bribery advanced feasible legal concept, consummates the system o f sentencing of the crime o f taking bribes in our country fro m the legislat ion.The article second chapter for the problems exis t ing in the bribery crime sentencing o f our country. Bribery penalt y in setting on sentencing sentencing completely attached to the crisscross of corruption, legal punishment range is too large and the grade, the one-sided emphasis on the problem such as t he amount of bribery. Surrendered on merit in the cognizance of the existence o f the automat ic of confirmed not unified pheno menon, the existence of contribut ions, provide clues to what is legal, helping to capture failed, concurrence o f surrender and cont ribut ions that is not unified. In terms o f sentencing imbalance, presents the sentencing our pheno menon. Bribery crime in particular, the existence of commo n bribery and accept ing houses, receiving performance shares, accept ing and shoddy products and so o n four kinds o f special amount of bribery that fuzzy problem.The article third chapter for the perfect ion of the bribery crime sentencing fro m four aspects. First ly, set the legal punishment of the crime of taking bribes alone, co mbining the essence o f bribery mo ney or trading. Perfect legal punishment setting is the premise and foundat ion of sentencing just ice. Secondly, taking bribes sentencing on the basis o f amo unt should be co mbined wit h the plot. In the legislat ion, the amount of generalizat ion and the plot of sentencing standards are reasonable. In the judicial applicatio n, sentencing criteria should be clear, the plot of sentencing should be considered. Thirdly, accurately apply the bribery sentencing plot. Bribery sentenc ing guidelines, refine the bribery sentencing process, reasonably determine the starting po int of bribery crime sentencing and benchmark, standardize sentencing plot, determine proclaimed punishment according to law; standardize in merit, the plot of the statutory sentencing standards. Finally, log guidance of bribery criminal case, in order to play the guiding functio n of sentencing guidelines.