行贿犯罪所获间接经济利益的追缴研究——以360例行贿犯罪判决案例样本为研究对象

Study on the Retrieval of “Indirect Economic Benefits Gained from Bribery Crimes”——Setting the sample of 360 bribery crime case verdicts as the study object

追缴行贿犯罪所获间接经济利益是目前司法实践中的难题。通过对360例为谋取不正当间接经济利益为目的的行贿犯罪判决案例进行深入研究,结合相关文献报道和司法实践,了解目前司法机关追缴行贿犯罪所获间接经济利益的现状,发现整体追缴率偏低,各个地区对之追缴很不平衡,这极易损害法制统一、司法公正、市场公平竞争,不利于刑罚目的的实现,难以有效遏制该类行贿犯罪。该现象主要是由于违法所得概念与界限不清晰、追缴程序不完善、司法办案人员认识不到位等原因造成的,必须有针对性地采取措施,加强行贿犯罪所获间接经济利益的追缴,确保追缴的合法性、准确性、必然性和全面性,有效地遏制该类犯罪。

The retrieval of the indirect benefits gained from briery crimes is a challenge in current judicial practice. By carrying out in-depth investigation of the sample of 360 bribery crime case verdicts and taking into consideration the relevant reports in literature and judicial practice aiming at soliciting illicit indirect economic benefits,understood the status quo of current judicial organ＇s retrieval of the indirect economic benefits gained from bribery crimes,and found that the overall retrieval rate is relatively low,and the retrieval in different regions is imbalanced,which is prone to cause harm to legal system uniformity,judicial justness and fair market competition,and is not beneficial for the realization of criminal penalty goal and thus it can ＇ t effectively curb such bribery crimes. The main reasons are that the concept and demarcation of illicit gains are indefinite,the retrieval procedure is incomplete,and awareness of judicial personnel is not in place,etc. It is necessary that we take welltargeted measures,strengthen the retrieval efforts of the indirect economic benefits gained from bribery crimes,and ensure the lawfulness,precision,necessity and allroundness of the retrieval conducts,so as to curb such crimes effectively.