当代中国贿赂犯罪的刑法治理——以《联合国反腐败公约》为观照

Bribery Crime Criminal Law Governance in Contemporary China

贿赂犯罪具有严重的社会危害性,历来是各国刑法惩治和预防的对象。我国目前刑法中关于贿赂犯罪的立法存在着构成要件过多、贿赂的范围狭窄、罪名不够完善、资格刑和罚金刑缺失、贿赂犯罪存在死刑等问题,我国应取消贿赂犯罪中"为他人谋取利益"、"为谋取不正当利益"等构成要件的规定,扩大贿赂的范围至一切不正当利益,增设外国公职人员和国际公共组织官员受贿罪,增加资格刑和罚金刑的设置,并逐步废除贿赂犯罪中的死刑,以促进我国反腐败立法与国际公约的对接,以更有效地对贿赂犯罪进行治理。

Bribery crime has always been the object of criminal law to punish and prevent as it＇ s serious social harm. Bribery crime as a serious criminal offence, is a kind of corruption crime, the Chinese government always attaches importance to punishing and preventing of bribery crime. Legislation of corruption crime in criminal Iaw of China there are too many elements, narrow the scope of bribery, the imperfection of the charges, loss of qualification punishment and fine punishment, bribery crime problems such as the death penalty, in our country should cancel the bribery crime ＂seek interests for others＂,＂to seek impro.per interest＂ the regulation of constitutive requirements, expand the scope of bribe to all the illegitimate interests, increasing the number of foreign public officials and international public officials taking bribes, increase qualification punishment and fine punishment Settings, and gradually abolish the death penalty in bribery crime, so as to promote our country dock with the international convention of anti-corruption legislation, in order to more effectively to the governance of corruption crime.