The Criminal Law Amendment(Ⅻ)revises bribery offenses to establish a substantive balance in punishing both offering and accepting bribes,while also enhancing the positive preventive function of bribery punishment provisions.This underscores a focus on the severe punishment with a preventive aim for offenses of offering bribes,rather than merely imposing harsh penalties.The adjudication of offenses of offering bribes by the judiciary should adhere to the spirit and guidance outlined in the amendment.In order to achieve the amendment's goal of balanced punishment for bribery crimes,it is essential to integrate the legislative approach to incorporate preventive punishment with established criminal policies,such as blending leniency with severity,and enforcing strict governance among officials.This involves adopting the principle of"consistent identification of conviction and moderately strict sentencing"as the direction for applying these revised provisions.The legal interest of bribery crimes is official autonomy of decision-making.Therefore,the severity of punishment for offering bribes should correspond to the specific form of infringement on the legal interest,avoiding an approach that"equates the punishments for offering and accepting bribes".The added conditions for more severe punishment of offering bribes are intended solely as sentencing factors and should be restrictively interpreted based on their substantive rationale,ensuring judicial precision and balance.
Criminal Law Amendment(Ⅻ)offenses of offering bribescrime preventionbalance between crime and punishmentsymmetrical crime
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