我国腐败犯罪治理问题及完善建议

Corruption Crime in China:Problems and Suggestions

准确界定腐败犯罪的概念是治理腐败问题的先决条件,腐败犯罪滋生的原因是多方面的,其对国家、社会、个人严重的社会危害性使其治理势在必行。《刑法修正案(九)》虽然修正了腐败犯罪的相关条款,但仍存在主体规制不足、数额标准缺失、受贿行贿关系存在争议等问题,相关的司法程序规定也不具体。我国应在制刑和量刑方面完善刑法规定,明确腐败犯罪的司法程序,构建科学合理的腐败犯罪治理体系。

An accurate definition ofcorruption crime is a prerequisite for fighting corruption. Different reasons give rise to corruption crime, which in tum, brings serious impairment to the nation, society and individuals. Therefore, it is imperative to take actions towards related issues. Although the 9th amendment of the Penal Code has amended the regulations of corruption-related crime, there are still many problems such as insufficiency of regulatory body, lack of standards of amount, and controversy in distinguishing bribery, as well as ambiguity ofrelatedjudicial proceedings. It is crucial for China to improve the system of punishment and sentencing in criminal law. What＇s more, it is also of great importance to specify the judicial procedure of corruption crime and build an effective system for the crackdown ofcon-uption crime.