摘要
《刑法修正案(九)》及最新的两高司法解释,将惩治行贿与惩治受贿放在同等位置的做法,严重脱离了当下中国社会治理程度的现状,悖反了民众对行、受贿犯罪的通常认知与正当情感,难以置贿赂双方于囚徒困境,无助于贿赂案件的侦破,且会导致轻刑段两罪量刑的不平衡等问题。应该对行贿罪的特别坦白情节进行从宽掌握,对犯罪较轻的行贿人采取宣告缓刑并判处罚金的方式,即减少监禁刑的适用以节约社会资源,并适时对轻刑段的行贿罪量刑进行修改,以平衡与受贿罪的量刑。
The ninth amendment of criminal Law and the latest relevant judicial interpretation put the punishment of bribes into the same place, which causes a lot of problems such as divorcing seriously from the current status of China, s social governance, being inconsistent with the general cognition and proper emotion of the people to the crime of bribes, difficultly putting the actors of the bribes to the prisoner＇s dilemma, being not conducive to crack down the case of b r ib e ry ,and leading to the imbalance of sentencing in light punishment. Therefore, the requirements of special voluntary surrender confess system should be lenient, and the bribers whose crimes are relatively minor may be sentenced to probation and fined so that reduce the application of imprisonment penalty so as to save social resources. In addition, in order to achieve balance with the crime of acceptance of bribes, it is appropriate to modify the sentencing provisions of light punishment of bribery .
关键词
行贿罪
特别坦白制度
量刑弊端
规制
bribery
special voluntary surrender confess system
the drawbacks of the sentencing
regulation
