单位受贿罪司法运作的实践考察

Study on Judicial Practice of the Crime of Bribe Taken by a Unit

单位受贿罪司法运作的主要特征表现为:对自然人被告的处罚极轻,平均刑期仅为0.497年,免予刑事处罚判决率高达62.3%;改判率较高,达16.4%;罚金刑的适用不统一。从立法上,要实现精准配刑,并且需要考虑将资格刑引入对单位受贿罪处罚的刑罚体系中,以弥补罚金刑功效的不足。能动的司法应部分修正立法失衡的不足,而不应将这种失衡推向极致。

The main features of the crime of bribe taken are as foil owing： the penalties for natural defendants are very light because of the average penalty term is only 0.497 years; The rate of exempting from criminal punishment is up to 62.3 percent; The rate of changing the original sentence is up to 16.4 percent; Applying of fine punishments is not unite; It is very important that strengthening the studies on the crime natures and crime amounts and balancing the crime and penalty to precise penalties in legislations; Meanwhile, applying the qualification penalty in the penalty system. Dynamic judicial should revise the imbalance of legislation and not pull the imbalance to the peak.