On the Extensive Investigation and Punishment of the Crime of Offering Bribes and Their Realization
As a criminal policy for bribery crimes,"joint investigation of accepting bribes and offering bribes"is a correction to the current phenomenon of"emphasizing the investigation and punishment of accepting bribes and neglecting offering bribes".This policy attaches great importance to the significance of punishing the acts of offering bribes in the governance of bribery crimes,increases the attention to the punishment of the crime of offering bribes and emphasizes extensive investigation and punishment of this crime.At the legislative level,the strict investigation and punishment of the crime of offering bribes does not mean increasing the punishment for this crime,but rather incorporating more behaviors of offering bribes into the scope of punishment in the criminal law by modifying the constitutive elements of this crime and lowering the standards for the incrimination amount of this crime.According to the requirements of the theory of"prisoner's dilemma",in the scope of punishment for bribery crimes,a symmetrical model should be adopted for the crimes of accepting bribes and offering bribes.It is necessary to make lenient adjustments to the special voluntary surrender system for the crime of offering bribes in response to the problem of excessive punishment.In the punishment configuration of bribery crimes,the asymmetrical pattern should be adopted.That is,in consideration of the differences in social harm and criminal policies between the crime of accepting bribes and the crime of offering bribes,the severity of punishment for the latter should be lower than that for the former.
crime of offering bribescriminal policyspecial voluntary surrender systemcrime of accepting bribesprisoner's dilemma
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