论经济交往中腐败行为的民事损害赔偿制度

On civil compensation system in corruption during commercial transactions

经济交往中的腐败行为本质上为侵权行为,行为人除应依法承担刑事责任外,还应承担民事损害赔偿责任。目前中国现行法律规定主要是追究腐败行为人的刑事责任,缺乏对受害人合法权益的保障。应允许受害人在提起独立的民事诉讼与刑事附带民事诉讼间进行选择,并对刑事附带民事诉讼制度进行改造,以维护公平的市场竞争秩序。

Corruption in commercial transactions is naturally tort. Anyone who carries out an act of corruption in commercial transactions shall be responsible for criminal penalty as well as the civil liability for the damage resulted from it. The current Chinese law system puts more emphasis on the criminal control over corruption in commercial transactions whereas lacks potential protection of the victims＇ right. In order to maintain fair competition in the market, the law system should ensure that persons who have suffered damage as a result of an act of corruption have the right to initiate civil actions or incidental civil actions respectively and do some further reforms to the current incidental civil action.