受贿行贿一起查的制度逻辑与实践进路

System Logic of Investigating Giving and Taking Bribes Together and Its Practice

党的十八大之前,贿赂犯罪的惩治主要呈现为“重受贿、轻行贿”的状态,行贿案件的查处仍旧是以更有力地查办受贿案为目的和指向。党的十八大之后,国家根据反腐败斗争形势的变化适时明确地提出受贿行贿一起查的政策,从而赋予对行贿行为的查处以科学的治理理念和刚性的行动要求。受贿行贿一起查的制度逻辑,其理论依据在于贿赂行为的本质特征、受贿与行贿的共生互促关系以及当前以预防为中心的政策转向;同时,这也是将反腐败工作向纵深推进、巩固压倒性态势的现实需求,是构建新时代亲清政商关系、破除封建积习弊病、推进清廉中国建设的重要一环。在实践进路上,坚持受贿行贿一起查,刑事手段不是唯一的制裁方式,而是要强调惩处的严密性和必定性,宽严相济、综合施策、分类处理。

Before the 18th National Congress of the Communist Party of China(CPC),the punishment of bribery was mainly manifested as“heavy punishment for bribe-taking,light punishment for bribe-giving”,investigation and punishment of bribe-giving cases aimed at investigating and dealing with bribe-taking cases more effectively.After the 18th National Congress,according to the anti-corruption situation,the state timely and clearly put forward the policy of“both cases to be investigated together”,so as to put forward rigid action requirements for the treatment of giving bribes.The system logic of the effort lies in the essential characteristics of bribery,the symbiotic and mutually promoting relationship between giving and taking,and the current policy shift to bribery prevention.At the same time,it is also an inevitable path to deepening anti-corruption work and consolidating the overwhelming trend,an important link to build a close relationship between business and government in the new era,to get rid of feudal remaining,and to promote the construction of a clean China.In practice,investigating the two kinds of cases together does not mean that criminal means are the only way of punishment,but that punishment is inevitable and close-knit so that it can be executed in a carefully designed comprehensive manner with due consideration to their different categories.