The New Interpretation of Bribery Crimes from the Perspective of Holistic Governance
The revision of offering bribes crimes in the Criminal Law Amendment(XII)is a mani-festation of the criminalization of criminal policy,which reflects a comprehensive shift in the govern-ance of bribery crimes towards the policy of"investigating bribe-offering together with bribe-taking".The implementation of the policy of"investigating bribe-offering together with bribe-taking"does not negate the historical merits of the"bribe-oriented"policy,but is an adaptive adjustment to the inter-nal structure of the bribery crimes and the change of dynamics in the new era.The essence of the"in-vestigating bribe-offering together with bribe-taking"policy is to pursue the holistic interests of brib-ery crimes governance by severely punishing offering bribes,which depends on the reciprocal relation-ship between offering and taking bribes.Within the"investigating bribe-offering together with bribe-taking"framework,we need to insist on differentiated treatment and the subordination of offering bribes to taking bribes in order to achieve the holistic governance of bribery crimes.The strict punish-ment of offering bribes is ultimately to prevent the proliferation of the crime of taking bribes.Strict punishment of offering bribes needs to use the special leniency policy.The latter is not the special sur-render or merit,but a special confession.In the new era of strict punishment of offering bribes,we should pay attention to the prevention of Severe-Penalty Doctrine,the torture to extort confessions and the improper abuse of technical investigative measures.Meanwhile,we also should pay attention to the application of the system of guilty pleas and penalties and improve the relevant supporting mechanisms,so as to place equal emphasis on the protection of human rights and punishment of the crimes.
investigating bribe-offering together with bribe-takingbribery crimesoffering brib-ery crimesholistic governancecriminal policy
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