刍议行贿罪立法之完善

On the Perfection of the Legislation of the Crime of Offering Bribes

行贿罪在立法上存在阻却性规定,主观要件“谋取不正当利益”的可操作性差,客观方面的罪状有失明确,刑罚制度不甚合理。这些都制约了对行贿犯罪的打击,并间接造成了受贿犯罪的屡禁不止。为更有效地预防行贿犯罪,掐断受贿之源,从而取得反腐败斗争的胜利,必须尽快完善立法,如对行贿罪和受贿罪统一尺度,取消“谋取不正当利益”的主观要件,扩大贿赂的范围,完善刑罚措施。

There are some obstructive stipulations in the legislation of the crime of offering bribes. The subjective condition 'to get the unjust interests' is difficult to operate. The fact in the objective condition is not definite and the penalty system is not quite reasonable. All of these restricted the attacks on crime of offering bribes and indirectly resulted in the repeated occurrence of the crime of accepting bribes. To prevent this kind of crime and efficiently fight against corruption, we must perfect the legislation as soon as possible. For example, we should treat the crime of offering bribes and the crime of accepting bribes equally in the legislation, abolish the subjective condition of'to get the unjust interests', enlarge the coverage scope of the term 'bribe' and perfect the penalty system.