论《联合国反腐败公约》框架下我国反海外贿赂的立法模式

On China's Legislative Pattern against Overseas Bribery under the Framework of "United Nations' Convention against Corruption"

《联合国反腐败公约》为国际社会反腐败提供了基本的法律指南和行动准则,对海外贿赂中的犯罪主体、法人责任等作了具体规定,并要求缔约国将该犯罪通过国内法予以规制。各国在将自己签订的反海外贿赂公约转化为国内立法时,都采用了适合本国特点的模式。我国在法律规制的方式上,应采用增设法条的形式,在法条的制定方面,借鉴美国的立法模式,增设"对外国公职人员、国际公共组织官员行贿罪"并在《公司法》上明确控股母公司对子公司的责任。

The ＂ United Nations＇ s Convention against Corruption＂ has provided the international community against corruption with legal guidelines and operative norms, made specific provisions for the subject of crime and the liability of legal persons, and requested the contracting state to penalize the crime by domestic law. Different countries have all adopted patterns suited to their own characteristics when they change the convention they signed against overseas bribery into domestic legislation. China should use the form of additional legal provisions in the way of legal regulation, draw on the legislative model from the United States in the making of legal articles, set up a new crime of bribery committed by foreign public employees and international public organization officials and make clear in the ＂ Company Law＂ the responsibility of the parent holding company to its affiliates.