我国单位腐败犯罪立法之缺陷及其完善——以《联合国反腐败公约》为视角

Study on the Legislative Defects and Improvement of Unit Corruption Crimes in China

我国刑法在总则中规定了单位犯罪的概念及处罚原则,分则中规定了几种可以由单位构成的腐败犯罪,但与《联合国反腐败公约》的规定及其立法精神相比,我国单位腐败犯罪刑事立法中存在着罪种范围设置不合理、处罚原则不统一、处罚轻重不平衡、方法单一等问题,需要结合公约的精神,进一步加以完善。

The definition of unit crime and principles of punishment have been written in the general provisions of Chinese criminal law, and several specific corruption crimes committed by a unit in more detailed rules. However, compared with the rules and legislative spirit in The United Nations Convention against Corruption, Chinese criminal legislation on unit corruption crimes has problems： the scope of crimes is unreasonable; the principles of punishments are not unified; light and heavy penalties are uneven and so on. Therefore, Chinese legislation on unit corruption crimes should be improved according to the spirit of the Convention.