Research On The Influence Of Discretionary Circumstances On Sentencing In The Crime Of Corruption And Bribery

In China,the deep-rooted problem of corruption and bribery not only damages the clean image of the state staff and reduces the credibility of the government,but also infringes on the public interest,seriously undermines the process of rule of law and hinders the social and economic development.The punishment of corruption and bribery is more important.If not handled properly,it will not only hinder the previous achievements in fighting corruption,but also spread its negative effects to all aspects of social development,and even threaten the credibility of the judicial organs and the effectiveness of China’s laws.This paper analyzes the current situation of the influence of the discretionary circumstances on the sentencing of corruption and bribery crimes in China,explores the specific effect of the discretionary circumstances on the sentencing of corruption and bribery crimes and the internal causes,and then puts forward the countermeasures to overcome its adverse effect on the sentencing.To be specific,first of all,based on China’s current criminal law and the relevant judicial interpretation and sentencing guidelines on how to apply the relevant provisions of discretionary circumstances to the sentencing of corruption and bribery crimes,this paper makes a comprehensive and detailed research.Secondly,taking the practical judgment as a sample to observe the actual effect of the circumstances on the crime of corruption and bribery and conclude the phenomenon,and then analyze the main factors affecting the effect of sentencing from the four aspects of legislation,judicature,concept and sentencing procedure.Finally,in view of the above conclusions,the author proposes corresponding measures to eliminate the adverse effect of the circumstances on sentencing in the crime of corruption and bribery,hoping to achieve the legislative purpose and judicial effect.