腐败犯罪的基本社会原因分析——以紧张理论和社会学习理论的糅合为视点

Analysis of Basic Social Causes of Corruption Crime——From the Perspective of the Combination of Tense Theory and Social Learning Theory

当下,我国反腐败斗争已经进入前所未有的高潮期,腐败犯罪产生的社会原因成为一个重大且值得深思的问题。根据我国刑法规定,腐败犯罪可以划分为贪利型的贪污贿赂犯罪和弄权型的渎职犯罪两类。紧张理论或者社会学习理论单独适用具有解释上的局限性,唯有将二者糅合运用,才能恰如其分地对其进行分析。两类腐败犯罪基于不同的文化目标,在制度性手段难以满足其追求时,形成基本相同的紧张状态,为缓解这种紧张而学习他人的犯罪行为并实施之,因而形成腐败犯罪。

At present, China＇ s anti - corruption struggle has entered an unprecedented climax period ; the social cause of corruption crime has become a major and worthy thought. According to China＇ s criminal law, the crime of corruption can be divided into twotypes： one is the crime of corruption and bribery, and the other is dereliction of duty. Tension theory or social learning theory is applicable alone, which has explanatory limitations. Only by com- bining the two, can we analyze them appropriately. The two types of corruption crime, based on different cultural goals, form basically the same tension when the institutional means are difficult to meet their pursuit. In order to al- leviate this tension and learn from other people＇ s criminal behavior and implement it, corruption crime is thus formed.