The Dilemma and Resolution of the Relationship between Crime and Punishment in Bribery Offenses:An Analysis Based on Amendment Ⅻ to the Criminal Law
Currently,the issues surrounding the crime-punishment relationship in bribery offenses can be broadly categorized into inherent problems and emerging problems.The former primarily includes classic questions,such as the normative roles of the amount and circumstances in bribery crimes.The latter involves new issues that have arisen fol-lowing the Amendment Ⅻ to the Criminal Law,such as how to correctly address the relationship between the first and second clauses of the bribery offense in light of the seven new circumstances warranting heavier penalties.A retrospec-tive examination of the construction process of crime-punishment norms reveals that the abstract circumstances in brib-ery crimes belong to the overall elements of the constitutive requirements,reflecting quantitative demands regarding the unlawfulness of behavior and results within the constitutive elements.However,given the diversity of circumstances in crimes involving specific circumstances in China,particularly the various interpretations of specific circumstances in ju-dicial interpretations,the systemic positioning of overall constitutive elements cannot encompass all circumstances.In this context,it is necessary to differentiate the types and functions of specific circumstances and to confirm them through authorized interpretations in order to accurately apply the penalty standards shaped by specific circumstances in judicial practice.
Bribery OffensesCrime-Punishment RelationshipCriminal CircumstancesAmendment Ⅻ to the Criminal Law
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