纵观世界东西方刑法的发展历史,整体上刑法的改革正朝着文明、人道方向发展,刑罚也是由由严酷到轻缓。就实质性而言,轻刑化的思想和刑法的谦抑性是一致的,也可以说是刑法谦抑性的具体表现。对贪污贿赂罪量刑在现实背景下分析研究,对在理论界和司法界范围内理性地认识贪污贿赂犯罪的量刑具有指导意义。 Looking at the history of the development of criminal law around the world in the East and the West, the reform of the criminal law as a whole is moving toward a civilized and humane direction. The penalty is also ranging from harsh to light. As far as materiality is concerned, the thought of light punishment is consistent with the moderation of criminal law, and it can also be said to be a concrete demonstration of modesty of criminal law. The analysis and research on the penalty of corruption and bribe crime under the realistic background is instructive for sentencing the crime of embezzlement and bribery rationally in the theoretical and judicial circles.