Empirical Research On The Balance Of Crime And Punishment In Bribery

China has long been adhered to the criminal policy that much more focus goes to bribery-taking than bribery-offering,governance on the crime of bribery being weak.However,with bribery crime becoming more and more prevalent in our country in practice,people's voice of the government intensifying governance of bribery crimes keep rising.In response to this situation,the Amendments to the Criminal Code(9)issued corresponding adjustments to the legislation of bribery crime by adding fine penalty and limiting the lenient punishment of voluntary surrender of bribery crime,so as to intensify the punishment of bribery-offering.From the perspective of balance between crime and punishment,the current study employs empirical analysis to explore our country's measurement of penalty of bribery crime in practice since Amendments to the Criminal Code(9)come into force,aiming to unravel the existing problems and seek for possible solutions.Based on this paper,which is divided into six parts:The first part serves as the starting point of the present study,expounding the origin,development and updated connotation of the principle of balance between crime and punishment.The second part,mainly about investigation of current bribery crime situation,which is divided into two parts.One is the statistical description of bribery crime case in the sample,including the investigation of bribery crime in judicial practice,the occurrence of areas,bribery main body,bribery frequency,bribery property,bribery amount and bribery patterns;The other is the summary of the current bribery crime characteristics of our country based on previous description.The third part is mainly about the empirical analysis of the sentencing practice to bribery crime.Firstly,based on the statistics of bribery crime sentencing plot,to analyze the common sentencing plot applicable status in current judicial practice;secondly,to carry out the statistics of penalty application to bribery crime,including the punishment patterns,the sentencing mean,the probation application.etc.;finally,to test the correlation between sentencing plot and sentencing result,then to analyze the influence of sentencing plot on sentencing result,and whether the sentencing process being standard as well.The fourth part mainly reveals the phenomenon of the unequal bribery crime punishment and the harm caused by that.Based on the analysis data of the previous paper,and combined with the typical cases,it can be concluded that the bribery crime is manifested phenomenon of lightening punishment,the imbalance between the bribery amount and the sentencing result,the big sentence difference among the same kind of case,and.etc.in the judicial practice;and to elaborate the harm cause by unequal bribery crime punishment as well.The fifth part mainly analyzes the causes of the unequal crime punishment which is the result of the combination of criminal policy,penalty allocation and criminal justice.The criminal policy is mainly influenced by the traditional criminal policy and the judicial idea;The penalty allocation is mainly that the bribery crime being lacking qualification punishment.The criminal justice is mainly influenced by the imperfect of the plot effect,not clear probation application standard and application process,rough sentencing reasoning and lack of relevant guidance.The sixth part is the last part of this paper,which puts forward the relevant countermeasures to solve the problem of unequal bribery crime punishment.The countermeasures are set based on the three aspects of criminal policy,criminal allocation,and criminal justice.The criminal policy level is mainly to adjust the relevant criminal policy in time to sharpen bribery punishment;the level of criminal allocation is mainly to add qualification punishment for the bribery crime;criminal justice level is mainly to strengthen the role of the plot in the crime to standardize the application of sentencing plot,improve the application of probation,enrich the referee sentence sentencing reasoning,strengthen the bribery crime sentencing guidance.It is hoped that these measures will help to standardize the sentencing of bribery crime,and to achieve the desired effect to the balance of crime and punishment.