反腐视角下的我国财产申报制度与刑法制度的衔接

The Connection of China's Property Declaration System to Criminal law

财产申报与刑罚惩治是反腐斗争的两种法律手段:前者重"防",后者重"治";前者依赖后者提供保障,后者需要前者实行源头控制和提供法理基础。两者并行不悖、相得益彰。我国主要依赖刑法制度反腐已不能满足现实需要,应尽快构建严格意义上的财产申报制度,并应以财产申报制度为主体重构反腐制度体系。我国刑法反腐应退至"二线"的"后盾"地位,并应根据财产申报制度进行相应调整。

Both property declaration and criminal punishment are legal means against corruption. The former is aimed to prevent, and the latter to cure; the latter guarantees the effectiveness of the former, while the former provides jurisprudential basis and origin-control means for the latter. At present time, China＇s criminal-law-dependent anti-corruption system no more satisfy real needs, it is necessary to establish property declaration system in strict sense as early as possible, and on basis of which to reconstruct the anti-corruption system. The criminal-law-based anti-corruption means should be put at a back-up position, and should be flexible according to the property-declaration system necessity.