Legislative Review on the Punishment Configuration of Bribery Crimes——An Analysis from the Perspective of Amendment (Ⅻ)to the Criminal Law
The amendment (Ⅻ)to the Criminal Law fully implements the anti-corruption strategy of"adhering to the joint investigation of bribery and bribery"in the punishment of bribery crimes,increases the intensity of punishing unit bribery crimes,pays attention to the balance of the sentence of unit bribery crimes,and further improves the regulatory system of bribery crimes.However,upon legislative review,it is not difficult to find that there are also some irrational aspects in the revision of the law that will lead to confusion in judicial application,specifically manifested as the misuse or absence of property penalties,the rigidity of penalty application,and the lack of coordination in punishment between crimes.On the response path,the current problems can be solved by canceling the fine penalty allocation for state-owned and non enterprise units,adjusting the legislative model of"mandatory merger of property penalties"for bribery crimes,coordinating the penalty allocation for bribery crimes and specific related crimes,and adding the confiscation of property penalty in the bribery crimes of non-state employees.
bribery crimeslegislative reviewpunishment allocationAmendment (Ⅻ)to the Criminal Law