企业产权的刑法保护——以防治跨国商业贿赂为视角

Protecting Company's Rights through Criminal Law:Preventing and Punishing Transnational Commercial Bribery

近几十年,外国资本广泛进入我国市场并且发挥着越来越重要的作用。但同时,跨国公司在华实施商业贿赂也严重侵害了我国企业的产权。为防止跨国商业贿赂行为对我国企业产权的危害,需要在审视刑法规制现状的基础上,进一步研究、借鉴国外立法经验,通过扩大贿赂犯罪的对象范围、引入严格责任等措施来完善我国立法,充分保护企业的产权。

In recent decades, with the development of economic globalization, the deepening reform and open- ing up policy in China, foreign investment has entered into Chinese market and has played an increasingly impor- tant role. However, the problem is that foreign companies in China usually conduct commercial bribery, which seri- ously infringes the property rights of Chinese enterprises. Although committing commercial bribery is one of con- ducts to hinder company＇ s development in a long term, it is indeed a key element among factors. In order to pre- vent and receiving field and ity. control on transnational commercial bribery effectively, it is necessary to review the legislation of giving or bribery within transnational companies in current criminal law, further study on foreign 1 learn experience form them, and improve Chinese criminal legislation on subject of crime egislation in this and strict liabil-