严查行贿犯罪之实体进路

Thorough Investigation of the Physical Approach of Bribery

行贿直接诱发受贿,是腐败产生的温床,严查行贿犯罪是当前我国遏制腐败的必然要求。从实体法上解决查处行贿犯罪面临的"瓶颈"问题是刑法本身的社会性、刑事程序的僵化性、配套法律的欠缺性和国际条约的普适性之必然选择。为此,我们应该围绕严查的标准和需求,检视现行实体法存在的诸多不足,在此基础上,从罪与刑两个方面共同着力,既要严密法网,扩大行为犯罪化,加大追诉力度,又要疏缓刑罚,实现犯罪轻刑化,增加侦破几率,以此切实达到严查行贿犯罪之目的。

Bribery bribes directly induced, is a hotbed of Corruption, bribery is a thorough investigation of corruption in our country to contain the necessary requirements. From the substantive law to resolve bribery investigation facing a＂bottleneck＂ problem, its social nature of the criminal law, criminal procedure, rigidity, lack of supporting laws and the universality of international treaties, the inevitable choice. To this enct, we should focus on the standards and needs thorough investigation, to examine the existing disadvantages of the existence of substantive law. on this basis, crime and punishment from the common focus on two aspects, it is necessary to close the French Open, expand the crime of behavior, increase prosecution efforts, but also respite penalty, to achieve light punishment of crime, increase detection probability, in order to achieve thorough investigation of the practical purpose of bribery.