浅谈《联合国反腐败公约》对我国刑事法律机制的影响

The Influence of the UN's Conventions against Corruption on the Chinese Criminal Legal System

腐败是当今世界各国面临的共同问题,《联合国反腐败公约》(以下简称《公约》)的出台为各国预防和惩治腐败提供了样本。作为《公约》参加国,中国应当积极履行《公约》规定的义务,通过组建反腐败机构、在相关法律中贯彻《公约》规定的精神等方式,加强反腐败工作。对照《公约》规定,我国在刑事实体法和程序法上都存在不足,亟需完善,应尽快构建预防与打击并重、实体规定与程序设置相协调的反腐败体系。

Corruption is a common problem in worldwide countries. The promulgation of the United Nations Convention against Corruption （hereinafter called as the Convention） supplies a stylebook for preventing and punishing corruption in every country. As a participant country of the convention, China shall actively perform the prescriptive obligation, enhance anti-corruption by constructing anti -corruption organs and carrying out the Convention＇s spirit in relative laws. Compared with the Convention, China has shortages both in criminal substantive laws and procedure laws. Compared with the Convention, China has shortages both in criminal substantive laws and procedure laws. The anti-corruption system will be constructed, paying equal attention to prevention and striking, and taking harmony of substantive laws and procedure laws.