Abstract:Criminal policy midwifes the appearance of criminal legislation, criminal legislation in different period is also the representation adapting to the criminal policy. The criminal policy of tempering justice with mercy is not only the criterion of the guidance of criminal legislation but also the scale of estimating that the legislation is science and that judicature is justice. Comparing with the criminal policy, the judicial interpretation of embezzlement and bribery manifests its forethought, and also expose its defects, which may make the criminal judicature fall into the embarrassment of a dilemma. Under the guidance of criminal policy, based on the present problem and thinking under the rule of law, we should improve the collaboration when applying the law from the systematic perspective, strictly apply when it comes to the circumstance for sentencing, reasonably use life imprisonment without parole, introduce the system of security measures and so on, fully realize the benefit of the judicial interpretation, and achieve the goals of punishing embezzlement and bribery fairly.