治理商业贿赂:深度、限度、力度与广度

The Solution of Business Bribery: Its Depth,Limitation,Force and Extent

治理商业贿赂是2006年我国政府廉政建设和反腐工作的重点之一。从立法背景分析,商业贿赂犯罪化的刑法规制机能为治理商业贿赂提供了深度标准;从文化背景分析,法治文化与乡土文化的纠葛确定了治理商业贿赂的限度;从社会背景分析,公权力与私权利的错位与归位为治理商业贿赂提出了力度要求;从国际背景分析,入侵与反入侵的境况要求扩展治理商业贿赂的广度。

The solution of business bribery is one of the key issues in the construction of uncorrupted politics in China. Seen from the perspective of legislative background, the regulations and restrictions of criminal law have provided a standard about depth of the solution of business bribery. Seen from the cultural perspective, the imbroglio of legal culture and the traditional folk culture has decided the limitation of the solution of business bribery. On the other hand, the social realities show that the displacement and replacement of public power and individual fight have called for force in the solution of business bribery. Internationally, the situation of aggression and anti-aggression has required the extension of the solution of business bribery.