行贿罪之司法困境与立法完善

Judicial Predicament Facing the Crime of Offering Bribes and Legislative Improvement

目前我国行贿罪案件数量远远低于受贿罪,行贿罪的处罚量刑认定上远远低于受贿罪,体现出行贿罪与受贿罪处罚失衡的司法困境。这些问题既与行贿罪的立法的法理原因有关,也与行贿罪的立法的法律原因有关。因此,破除行贿罪的司法困境,从根本上应完善行贿罪的立法缺陷,以立法效果论为方法论,注重刑事一体化,并在受贿罪中增设特别自首条款,方能在《刑法修正案(九)》出台的大背景之下对行贿罪的理论研究和司法实践有所裨益。

At present,the number of bribe-offering crime cases in China is far lower that that of bribe-taking crime cases,which results in the much lower number of convictions and punishments imposed on bribe-offering cases compared with bribe-taking cases. In this sense,there exists a huge imbalance between penalties imposed upon the crime of offering bribes and those imposed upon the crime of accepting bribes. The occurrence of such problems can find its roots in both the jurisprudential and the statutory reasons of the legislation of the crime of offering bribes.Therefore,to get rid of the judicial predicament facing the crime of offering bribes,we should rectify the legislative defects of the crime of offering bribes,take the legislative effect theory as the methodology,stress criminal integration,and enrich the provisions of the crime of offering bribes with the addition of special terms regarding crime confessions,with a view to contributing to the theoretical research and judicial practice of bribe-offering crimes against the backdrop of the promulgation of the Ninth Amendment to the Criminal Law of the People＇s Republic of China.