The revisions of bribery provision in the Criminal Law Amendment(Ⅻ)aim to implement the policy of"equal investigations of bribe offering and bribery accepting".The newly added provision of aggravating factors transforms these discretionary factors into written law,of which the necessity and legitimacy are debatable.The judiciary needs to be cautious in interpreting and applying the provision of aggravating factors.In the sentencing of bribery cases,the judges should avoid repetitive and inadequate evaluations.The aggravating factors cannot be invoked simultaneously to upgrade the statutory penalties and to aggravate the sentencing.When there is coexistence of various aggravating or extenuating circumstances,the judges should adopt the principle of"more severe for the serious and more lenient for the minor"to guarantee the adequacy of evaluating the factors for sentencing.In order to realize the policy of"equal investigations of bribe offering and bribe accepting",it is necessary to abandon some inappropriate law enforcement ideas and introduce plural non-punitive measures.
Criminal Law Amendment(Ⅻ)briberyaggravating factorsdiscretionary factors in sentencingprovision of extenuating circumstances
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