高校贪腐的刑法应对

Criminal law dealing with collegiate corruption

目前高校贪腐成为高官贪腐之外人们关注的另一焦点,腐败行为从官场蔓延至高校。如何规制高校贪腐成为人们密切关注的问题。高校贪腐既有贪腐犯罪既有的特征,也有高校贪腐自身的特点;从刑法规定的贪污贿赂犯罪着手,分析其构成要件特征及现行司法解释,展开论述贪污贿赂犯罪目前存在的司法实践问题以及对于打击高校贪腐的作用及可能面临的现实困境;最后,从法律层面、制度层面提出打击高校贪腐的应对之道。鉴于高校贪腐行为的行业特殊性,在注重刑罚惩罚和预防的同时,应当强化对高校贪腐行为的制度约束和道德教化,此种路径可能更为可行和有效。

At present, the collegiate corruption has become another focus of attention of people aside from the higher-rank official corruption. The corrupt behavior has spread from officialdom to colleges and universities. How to contain the collegiate corruption has become an issue with close attention. Collegiate corruption not only has the common characteristics of general corruption crime, but also has the unique characteristics itself. Starting from the bribery and embezzlement crimes stipulated in the criminal law, the characteristics of the conditions of the crime and current judicial interpretation of them are analyzed. Discussed are the current judicial practice issues of, the role of fight against, and the realistic predicament in, the collegiate corruption and bribery crimes. Finally, the ways to deal with collegiate corruption are proposed from the legal and the system perspectives. In view of the particularity of the collegiate corruption, while the criminal punishment and precautions are focused, the institutional restraint and moral education should be strengthened to the behaviors of collegiate corruption, which may be more feasible and effective.