单位行贿罪量刑畸轻及其治理思路——基于A省113份样本的分析

The Light Sentence of Bribery Crime and Its Management Idea: Based on the Analysis of 113 Samples in A Province

通过对A省近三年113份单位行贿罪判决书的统计发现,单位行贿罪对于责任人的免刑缓刑比例高达94%,实刑中一年以下有期徒刑又占绝对多数,对单位罚金基本集中在20万至50万元。量刑畸轻是立法粗糙、政策不当、行业集中、地方保护、政治干预等诸多方综合作用的结果。治理这一问题,取消单位行贿罪而代之以行贿罪,应当是一种釜底抽薪的方法。若短期内修法尚不成熟,至少也应当以司法解释的形式,尽快细化量刑幅度、确立统一的单位罚金刑标准、严格罪轻情节的认定、落实对行贿企业的投标限制。

After gathering statistics of 113 judgments for the crime of offering a bribe by departments in the province of A in the recent 3 years,we find that the percentage of exemption from punishment and probation for the parties in action is high to 94%.For the real punishments,most of them are fixed-term imprisonments of less than one year.As to imposing a fine,the fine from 200000 to 500000 yuan is the most common.The oddly mild measurements of penalty reflect that the imperfect legislation,inappropriate policies,concentrated industries,local protection,political intervention and many other influences are involved.For solving this problem,taking the crime of bribery instead of the crime of offering a bribe by departments would be an effective method.If the amendment of the law can’t be improved in a short time,it’s necessary to give out at least a judicial interpretation,for making clear about the measurement of penalty in details as soon as possible,making a unified standard of fine for departments,deciding how to identify the minor crimes,and putting into practice the bidding restrictions for enterprises which offered bribery.