实证分析视阈下的行贿罪刑罚结构与量刑特征

The Structure and Characteristics of Penalty and Sentencing for Offering Bribery Crime From the Perspective of Empirical Analysis

近年来,我国刑事法律的频繁修正有效地回应了着力惩治行贿罪的社会关切。然而,根据随机样本的阶层分布、区间构成和均值比较等基础数据分析,以及显著相关性、多元线性和逻辑图形比照等实证数据分析,可以发现,行贿罪判决刑期的“唯数额论”特征显著,诉前认罪、悔罪表现、共犯人数和行贿对象数等传统量刑因素的影响力并不突出,这印证了我国行贿罪司法规制趋轻和量刑恣意的现状。因此,有必要在尊重法律稳定性的前提下,立足司法反思和检视行贿罪刑事政策的贯彻实效,以"对称性”贿赂犯罪刑事政策的确立为切入,从尊重各刑罚均值的调整机能、明晰量刑因素介入位阶、合理调控缓免刑率等方面,合力探索破解我国行贿罪科罚乏力困局的建设性、创新性路径。

Recently, the frequent revision of criminal law in China has effectively responded to the social concern of punishing offering bribery crime. However, according to the analysis of the basic data such as stratum distribution,interval composition and mean comparison of random samples, as well as the empirical data analysis such as significant correlation, multivariate linearity and logical graph contrast, shown that the "amount determinism" of the sentence of offering bribery crime is remarkable. The influence of traditional sentencing factors such as the pre-litigation confession, the remorse performance, the number of accomplices and briber, are non-significant, which confirms the light and arbitrary status quo of the regulations of offering bribery crime in China. It is necessary to respect the stability of the law as well as under the premise of based on the judicial level to reflect on the implementation of the punishment of offering bribery crime policies. With the establishment of the criminal policy of "symmetry" bribery crime, from respect for the adjustment of the average value of the punishment function, clear sentencing factors involved in the level of intervention, reasonable regulation to moderate probation and exempt rate and so on, joint efforts to explore a constructive and innovative path to solve the offering bribery crime sentencing predicament in China.