In response to the anti-corruption policy guideline of"insisting on investigating both bribe offering and bribe accepting",the idea of penalizing both bribe offering and bribe accepting has emerged in theory,and there is a heated debate with the traditional position of"emphasizing bribe accepting over bribe offering"in judicial practice.The traditional position of"emphasizing bribe accepting over bribe offering"in judicial practice is hotly contested.Bribe offering and bribe accepting,despite their compatibility,are independent of their respective degrees of wrongdoing and responsibility,and the policy emphasis on increasing penalties does not mean that they must be adjusted in full accordance with the penalty for the offence of bribe accepting as the axis of reference,and that the criminal punishability of bribe offering has its own content that needs to be judged independently.The three changes to the penalty provisions of the Criminal Law Amendment(Ⅻ)on the offence of bribe offering implement and reflect the requirements of the criminal policy of balancing leniency with severity.Among them,the seven newly added aggravating circumstances may face a variety of complex situations in judicial practice.In order to minimize disputes in practice,it is necessary to accurately grasp the spirit of the legislative amendments and interpret and apply them under the guidance of the criminal policy of mutual leniency.We should make full use of the"flexible"space constructed by this legislative amendment for the hierarchical punishment,and promote the sentencing of bribe offering in line with the principle of appropriateness of crime and punishment.
Criminal Law Amendments(Ⅻ)bribe offering offensesaggravating circumstancescriminal policyinterpretation of Criminal Law
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