行业协会腐败治理及其刑事责任追究

Governance of Corruption in Industry Associations and Investigation of Criminal Responsibility

行业协会有一定的行政管理和服务职能,也有经费来源,故有腐败的条件。行业协会腐败形式多样,对行业协会腐败的治理措施主要是政社分开、加强监管以及对腐败活动追究行政和刑事责任。其中,《刑法》对以个人名义进行的腐败活动有相应的罪名惩处,而很多腐败活动以协会名义进行,《刑法》缺乏对这类腐败的罪名规定。要提高对行业协会腐败治理的效果,应在《刑法》中增设相应的行业协会单位犯罪的罪名。

An industry association has sources of funds as well as certain administrative and service functions, which makes it possible to commit corruption. Corruption in industry association takes many forms. To prevent and curb the phenomenon, we should mainly separate social organizations from government, strengthen supervision, and investigate administrative and criminal responsibility. To the corruptive behaviors, ＂Criminal Law＂has corresponding charge punishment on corruptive activities committed in the name of an individual. However,＂Criminal Law＂lacks a clear charge punishment on corruptive activities committed in the name of an association. To improve the governance effect, we should put forward the amendments to ＂Criminal Law＂to make up for its deficiency.