An Empirical Study Of Non-national Official’s Bribery’s Sentencing

With the intensification of anti-corruption in China,the laws and regulations concerning the punishment of corruption and bribery crimes are constantly improved,the protection of the inviolability of the non-national official’s duty behavior should also be paid attention to.This paper aims to analyze the possible problems and causes of non-national official’s bribery’s sentencing according to the results of statistical analysis through the research method of empirical analysis,and finally put forward suggestions for improvement according to the sentencing benchmark(average sentencing)test,correlation analysis and multiple regression analysis on 793 samples.Sentencing benchmark test that is to giving four groups:heavier circumstance group,light circumstance group,circumstance-competition group,no circumstance group.Comparing the average amount of punishment,if each group between two sentences mean conforms to the theory of anticipated obvious differences,it could prove that the action of light or heavier punishment got fully reflected in the declaration of punishment,sentencing fundamental equilibrium,and the mean could be the sentencing benchmark and apply to the future judicial practice;If the mean difference of the penalties between the groups cannot pass the test,it indicates that the sentencing is unreasonable and it is necessary to use correlation analysis and multiple regression analysis to conduct an in-depth study on the possible problems.Correlation analysis is to examine the correlation between the amount of money and sentencing,sentencing circumstance and sentencing.Through correlation analysis,variables significantly related to sentencing can be found to determine explanatory variables in regression analysis.Multiple regression analysis refers to the above step to determine the variables into the regression analysis as explanatory variables,to declare the amount of the penalty as the explained variable,based on theoretical expectations to propose hypotheses and establish a model,through the regression analysis to observe the amount of the crime and various sentencing circumstances on the degree of impact of the declaration of the penalty.Through the analysis,the author found that there are some problems in the sentencing of the non-national official’s bribery,such as the arbitrary application of discretionary circumstances,arbitrary punishment of confiscation of property,and questionable rationality of the amount standard difference between different places.The possible reasons are as follows:first,the judges do not pay enough attention to the determination and application of the sentencing circumstances;second,the lack of specific legal norms makes it more difficult for judges to accurately determine the punishment;third,the specific application standards of the amount and circumstances in the courts are not consistent,and the specific standards are not made public to accept the supervision of the masses.Therefore,it is suggested to further standardize the exercise of judges’ discretion and promote the impartiality of sentencing by establishing provincial standards for the amount of crime’s money for public inspection,defining applicable standards for the circumstances of sentencing and defining applicable standards for the punishment of confiscation of property.