A Case Study On The Unbalanced Sentencing Of Corruption And Bribery In China

Sentencing activity is a complex judicial process.To standardize sentencing activity and realize sentencing balance is the core of realizing judicial justice.To realize sentencing balance for the punishment of corruption and bribery crime is a new requirement of anti-corruption legalization for corruption and bribery crime.However,due to the wide and vague sentencing provisions of corruption and bribery crime,the criminal judges have too much discretion in the sentencing of corruption and bribery crime.For a long time,there has been the imbalance phenomenon of "different judgments in the same case","different judgments in different cases" or "sentencing is too light and heavy".Moreover,in recent years,the imbalance phenomenon in the sentencing of corruption and bribery crime has been in a frequent and high incidence situation,which has puzzled the criminal judges The sentencing practice of corruption and bribery in China.Through the research on the imbalance of sentencing and the causes of corruption and bribery crime in China,as well as the solutions,it is of great significance to realize the legalization of anti-corruption and judicial justice.In this paper,the case analysis method is used to study the imbalance of sentencing in the crime of corruption and bribery in China,which mainly includes the fuzziness of the standard sentencing range of the crime circumstances,the randomness of the sentencing range of the circumstances after the crime and the wide discretion of the judge.The main reason is that the punishment system of corruption and bribery is not perfect,lack of scientific and reasonable sentencing standards,the influence of criminal policy and non-standard factors.In order to improve the judicial problem of unbalanced sentencing,the author suggests that in legislation,we need to improve the standard of conviction and sentencing for corruption and bribery crime,build a diversified sentencing standard,and separate the sentencing standards for corruption and bribery crime.We will further standardize the recognition and leniency of circumstances such as surrender,meritorious service,and confession,and improve the guidance system for relevant cases.In order to improve the imbalance of the measurement of the crime of corruption and bribery,we should build a dual system of quantitative and discretionary sentencing model.