单位贿赂犯罪之检讨

Analysis of the Crime of Unit Bribery

我国刑法把单位贿赂犯罪从自然人贿赂犯罪中独立出来,单独加以规定,并对之做出了与自然人贿赂犯罪不同的规定。这些规定反映单位贿赂犯罪特殊性,同时导致了某些规定与刑法惩治贿赂犯罪基本精神的背离和罪刑关系的不协调,司法解释中也存在着对单位认定标准理解不当的问题。

The Criminal Law of China separates the crime of unit bribery from the crime of bribery committed by natural persons, and has a provision different from the provision concerning the crime of bribery committed by natural persons. These provisions reflect the special feature of the crime of unit bribery, and at the same time lead to the deviation of some of the provisions from the basic spirit of punishing the crime of bribery provided by criminal law as well as non-coordination between the offense committed and the punishment. Some problems also exist concerning inappropriate understanding of the standard of determination in the judicial interpretation. This article analyzes these problems and puts forward new viewpoints.