An Empirical Study On The Sentencing Of Corruption Crimes In Hebei Province

Corruption crimes not only harm the interests of public property,but also undermine the credibility of state organs and state workers,and combating corruption crimes should not only pay attention to the criminalization of behavior,but also standardize sentencing is an important basis for testing and evaluating the fairness of China’s laws.First of all,through descriptive statistics on the constituent facts of the crime,the non-normative facts of the crime,the circumstances of lenient and severe sentencing and the application of the punishment,it is found that 50% of the corruption cases in Hebei Province have embezzled amounts of less than 100,000 yuan,75% of the cases have embezzled amounts of less than 400,000 yuan,the proportion of short-term corruption and long-term corruption in the time span of corruption is comparable,and grassroots organization personnel are the main identity type of criminal subjects.Through the correlation analysis of the defendant’s factual circumstances and sentencing results through SPSS,it is found that on the whole,"the amount is the mainstay,and the circumstances are supplemented" is the sentencing evaluation system for the crime of corruption.Specifically,when the amount of embezzlement is 1～30,000 yuan,the amount of embezzlement is no longer a consideration,and other criminal facts and circumstances play an important role;When the amount of embezzlement is more than 30,000 yuan,the amount of embezzlement has a great impact on the length of the sentence,and the influence on the amount of fine,whether the suspended sentence is imposed and the probation period of the suspended sentence is relatively small,and the facts and circumstances of other crimes play a greater role.Secondly,after correlation analysis,it is found that in judicial practice,there are three problems in the sentencing of corruption crimes in Hebei Province: lenient sentencing circumstances,mainly considering the circumstances related to the amount,the influence of the severe sentencing circumstances,and the regional differences in sentencing.The reasons for this are,first,the judicial inertia of "calculating stolen goods and discussing punishments";second,the fact that particularly lenient circumstances mainly play a lenient role;third,there are deficiencies in the regulations on strict circumstances;and fourth,judicial personnel in different regions have different evaluations of amounts and circumstances.Finally,measures can be taken from four perspectives to improve the standardization of sentencing in practice: first,to establish unified sentencing guidance opinions applicable to corruption crimes,second,to increase the sentencing role of several additional factual circumstances,third,to improve the rules for the application of sentencing circumstances for corruption crimes,and fourth,to improve the system of guiding cases for corruption cases,so as to standardize the exercise of judicial discretion and achieve the goal of sentencing fairness.