A Study On The Conviction And Sentencing Of Bribery

A more tolerant attitude to offering bribe has been taking than accept bribes in China,and the bribery governance effectiveness is not satisfactory.Since the 18 th congress,the central party committee counts for determination to fight corruption,and punish bribery crime severely,especially to punish bribery crime from the source.After the founding of new China,the legislative evolution will reflect the current criminal policy of bribery in China is too broad to become strict and temperament,focus on improving the intensity of criminal penalties.The amendment of the criminal law of the People’s Republic of China(nine)is created under the background of this anti-corruption ear.One of the priorities of the amendment is to further improve the anti-corruption system,and increase the punishment of corruption crimes,especially bribery crimes.Although the "criminal law amendment(nine)" makes a certain degree of modification on bribery,in judicial practice,there still exist some problems cognizance of the conviction and sentencing in bribery.I put forward their own humble opinion,with a view to our judicial practice to do a little.In the case of the crime of bribery,i pointed out that purpose of seeking illicit interests is the purpose of bribery,but also its essential subjective elements.I addition,we should correctly understand the unfair benefits from the relevant theoretical doctrine and the legislative intent.The objective behavior of bribery crime is mainly introduced from the identification of property and behavior.The distinction between conviction and non-crime of bribery is discussed and the boundary between bribery and human relations is introduced.Differentiation of bribery crime and unit bribery crime is discussed and the distinction between bribery and bribery of non-state staff is introduced.In the case of the sentencing of bribery,crime Standard for determining the extent of legal punishment for bribery,including the understanding and identification of three legal punishment sentencing status,i.e.general bribery,serious or serious losses to the interests of the state,if the circumstances are especially serious.The understanding of probation and criminal punishment,other restrictive provisions that does not apply to probation,and exempt from criminal punishment.The understanding and application problems of bribery lenient penalties special surrender and meritorious performance are treated strictly.