"Criminal Law Amendment (12)" amended Article 390 of the Criminal Law "Punishment Regulations for Bringing Crime"，Added 7 items from heavy punishment，At the same time, the criteria for bribery are revised at the same time，Comprehensively reflects the entry of anti -corruption since the 19th National Congress of the Communist Party of China，The situation of bribery of crime governance strategy from "accepting bribery and light bribery" to "bribery and bribery together" transition。

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For the above legislation amendment，There are two main points of the criminal law and the practical community: "Reconstruction" focuses on understanding the transformation of bribery crime punishment strategies from the perspective of equal punishment，I believe that only the same punishment can change the crime of bribery and punishment is too light、The problem of unfair punishment of bribery by bribery。"Opposition" believes that the same punishment model will lead to bribery and bribery more groups，As a result, it is difficult to detect bribery crimes，Therefore, the legal punishment that opposes the crime of aggravating the bribery。Compared with "Circuit Bringing Bringing"，"Opposition" believes that the traditional "acceptance of bribery and light bribery" policy is more favorable for fighting bribery crimes。

It should be said，Both bet365 best casino games views have a certain reason，There are also some problems，But the problem of "recurring" is greater。"Reunion" does not really grasp the true intention and deep logic of the policy of "accepting bribery and bribery together"，Cause misunderstandings about bribery crime punishment strategies。Actually，"Checking bribery together" does not mean that bribery and bribery are equally punished。Because from the perspective of law and benefits,，Bringing bribery is more serious than bribery，Therefore, in the legal punishment configuration，The crime of bribery and the crime of accepting bribery does not have a legal legitimacy。but，"Opposition Say" also has a problem，That is the original intention of not seeing the party and the country's implementation of "accepting bribery and bribery together"，Ignoring the basic factual problems behind the transformation of bribery crime punishment strategy。

I think，The change of bribery crime governance strategy，Reflects the changes in basic facts such as bribery crimes and the occurrence of the situation。In the past, the country promoted the "acceptance of bribery light and light bribery" policy，It mainly focuses on cracking down on more social harm、More fatal bribery behaviors that are stable for national political ecology and regime，Therefore, the bribery has been differentiated、Policies for disintegration and attracting。Briber and bribery as the criminals，Naturally on the "same boat"，Both parties do not want the East Window to send，This has increased the difficulty of the detection of bribery crime bet365 live casino games cases。In order，Need to distinguish between，For the relatively lighter bribery "sweetness"，Promote it to provide clues to the detection of overall bribery for its own interests、Evidence or other assistance。But with anti -corruption, entering the tackling stage，The main relationship between bribes and bribes has reversed，The bribery who was in an advantageous position before is now 噤，The bribery party "siege cadres" for its own interests，Caused bribery crime "Cutcurit、Difficulties "。The main contradiction between bribery crimes and the transformation of secondary contradictions，Let the bribery behavior become a new breakthrough in the governance of bribery crimes。

"Check the bribery together" requires the relationship between bribery and bribery from the perspective of the overall and global perspective。On the one hand，Based on the angle of prevention in advance，We must pay attention to the strict network，Pay attention to the investigation and punishment of bribery，to reduce the cause of bribery crimes。You must know，"Strict" does not mean "Li"，"Strict" refers to the strict network，"Li" refers to the severe punishment。"Tongjia" at the level of "Li" understands the "check together" policy，It will inevitably lead to severe stipulated in the crime of bribery，Finally caused the real uncoordinated in the legal punishment in the crime of bribery，Increase unnecessary trouble to the application of justice。

On the other hand，Based on the angle of after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after -after，bet365 live casino games Requires judicial personnel to be good at using continuous and refined laws and criminal policies for leniency and strictness，Breakthroughs from both bribes and bribes，Not limited to the bribery side。Although the amendments to the criminal law have aggravated the legal punishment of bribery，Limited plot that has been reduced from lenient punishment，To a certain extent, it is not conducive to differentiation and attract bribes，But it is not a little benefit: one，The layered refinement of the legal punishment crime of bribery gave the public prosecutor that can be used in the confession and punishment system，Added the initiative and room for the public prosecutor; the second，Bringing crime Special layered from the width system，It is also conducive，Eventually it is conducive to the disintegration of the differentiation of the bribery criminal alliance。

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In terms of physical law，First，Global strategic requirement to fight bribery crimes and continue to persist in distinguish between treatment。"Check together" does not mean not distinguishing，Division of treatment is the basis of criminal policy。In judicial practice，Whether it is the psychological motivation of actively explaining the criminal behavior，Still from the perspective of obstructive obstacles to explain，Bringers are important breakthroughs for differentiation and disintegration of bribery.，This is determined by the internal structure of the bribery crime。Next，Bet365 app download Although the legal punishment of bribery should not be higher than the crime of bribery，But in a certain period，Pay attention to the crime of bribery and strike (rather than punishment) can be higher than the crime of accepting bribery。Especially during the high -voltage period of anti -corruption，The willingness to crime of the bribery is not strong，Only because the bribes are exhausted and "hunting", the overall situation of the crime is ultimately promoted，There is no reason not to increase the blow of the bribery party。Last，Strict cracking down on bribery crimes does not mean to be criminalism。As mentioned earlier，The core of "Check the bribery together" is a strict law network，instead of aggravating punishment。From the perspective of French economics，heavy punishment deterrence increases judicial costs，The marginal benefits continue to decrease with the gradual increase of punishment。So，Persist in "Bringing Bringing and Checking together". Pay attention to prevent heavy criminalism.。

In terms of procedure method，Bringing bribery will inevitably cause the bribery to not cooperate，In this case, we must achieve the goal of cracking down on bribery crimes，It is necessary to pay attention to the collection of objective evidence。Need to note: First of all，Strictly prevent torture for confession，Any possibility of torture to torture for the supply of bribes。Due to the shrinking of the width system due to the crime of bribery，Bringer's initiative to explain the facts of the crime becomes insufficient，Judicial bet365 Play online games officers may use torture for obtaining confession，The latter is not only not allowed to be legal，In fact, it is also easy to cause unjust, false and wrong cases。So，Strictly flooding to prevent torture for confession，It is a question that must。Next，Improper abuse of technical investigation measures strictly preventing technical investigation measures。Under the condition that the bribery is not cooperated，The channels for judicial personnel In order to expand or broaden the channels for obtaining objective evidence，Skills such as easy abuse of monitoring and listening，The latter may also endanger the freedom and safety of ordinary citizens，New problems to the party and the country。Last，Under the situation where the bribery cooperates with the insufficient investigation power，Breakthroughs in the bribery crime，Also pay attention to the use of confession and punishment from the wide system。This system is under the premise of the defendant's guilt，Conditions to deal with it from width，Both are conducive to saving judicial costs，Also conducive to detecting the case in the case，Two in one thing。For the crime of bribery，Fighting for bribes to confess and punishment is conducive to obtaining evidence to break through the bribery case，This is also an important way to respond to the active power of the briber。

　　(Author is an associate professor at the School of Law School of China)