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对自然人被告的处刑极轻,开放式刑罚适用较多是单位行贿罪司法运作的主要特征。单位行贿罪的平均行贿金额为125.6168万元,但其平均刑期仅为0.93年。免予刑事处罚占样本总数的26.5%。适用缓刑样本占总数的58.1%。被认定自首样本占总数的40.2%。单位被判处罚金平均2.69万元。案发平均时间间隔为4.69年。“一把手”样本占总数的76.9%。立法上将单位行贿罪视作轻罪是处刑极轻的首要原因,对自首的认定率较高是处刑极轻的客观原因,但在法律适用中的不严谨甚至随意是处刑极轻的重要原因。从司法层面,需要进一步提高从业人员素质,严格法律适用,同时传统的司法理念也亟待改变。
On the natural person accused of extremely light punishment, the application of more open penalties is the unit of the main features of the judicial operation of bribery. The average amount of bribe the unit of bribery amounted to 1.2516168 million yuan, but the average sentence was only 0.93 years. Exemption from criminal penalties accounted for 26.5% of the total number of samples. Probation samples for 58.1% of the total. The sample was found to surrender 40.2% of the total. The unit was sentenced to a fine of 26,900 yuan on average. The average time between launches was 4.69 years. “Leader ” sample accounted for 76.9% of the total. Legislation, the unit of bribery as misdemeanor is the primary reason for the punishment is extremely light, the higher recognition rate of surrender is an objective cause of punishment is extremely light, but the application of law is not rigorous or even arbitrarily important punishment is extremely important . From the judicial level, we need to further improve the quality of employees, strictly apply the law, but also the traditional judicial concept needs to be changed urgently.