论我国贿赂犯罪的立法对《联合国反腐败公约》的应对——以国际刑法的国内化为视角

The Current Criminal Law of Our Country's Adaptation on Bribery Crime Acceded to United Nations Convention Against Corruption——From the point of connection between the International Criminal Law and Intercriminal Law

在我国缔约的《联合国反腐败公约》中,贿赂犯罪的规定与我国现行刑法的规定是不同的。现行刑法与《联合国反腐败公约》的相关规定的差异主要表现在贿赂的范围、贿赂外国公职人员或者国际公共组织官员犯罪与受贿罪、行贿罪的构成要件三个方面。完善相应的现行刑法的规定,是我国必须履行的国际法义务,也是司法实践的需要。

The regulations of bribery crime in current Criminal Law of our country＇s is different from those of in United Nations Convention Against Corruption, which China is a member of the convention. Mainly speaking, the regulations of bribery crime on current criminal law different from those of in the convention in three aspects, which are the types of bribery, bribery of foreign public officials and officials of public international organizations crime, and the combinations of bribery crime. After China accedes United Nations Convention Against Corruption, we should change the aspects in the current criminal law. It is not only our international law obligation that China must fulfill, but also the need of practice.