推进受贿行贿一起查相关问题研究以行贿犯罪的惩治为视角

Research on Investigation of Both Bribing and Being Bribed——From the Perspective of Punishing Bribery

关于受贿行贿一起查的规定从党内的反腐败战略决策部署逐步演变为刑事司法政策,强调在保持惩治受贿高压态势的同时,严肃查处行贿犯罪。回顾惩治贿赂犯罪的立法沿革和刑事司法政策的演变,对行贿犯罪的惩处从趋宽向趋严转变,与贿赂犯罪对合关系的本质、公权力运行与监督机制的完善相契合,与域外反腐败的普遍经验做法相适应,符合反腐败的国家战略,有积极的社会意义。从惩治行贿犯罪的基本面和基层检察院惩治行贿犯罪的实践展开实证分析与反思,检察机关可以与公安机关加强合作,通过精准司法适用、积极能动履职、完善反腐败协作机制,推进受贿行贿一起查,实现对腐败问题的标本兼治。

The regulation on investigating both bribing and being bribed has gradually evolved from the Party's anti-corruption strategic decision to a criminal justice policy,which stresses that while maintaining the high-pressure tendency to punish bribees,we must strictly investigate and punish bribers.Looking back at the history of legislative evolution and criminal judicial policy evolution for punishing bribery,we can see the punishment for bribery has changed from leniency to strictness,which caters the essence of the relationship between bribing and being bribed,the operation of public power and the improvement of supervision mechanisms.It is also similar to foreign general experience and practices of anti-corruption,which matches national strategy of anti-corruption,and has positive social significance.From the fundamental aspects of punishing bribery and the practices of first-line procuratorates in punishing bribery,it is necessary to conduct empirical analysis and reflect.Prosecutors should reinforce cooperation with police agencies,promote the investigation of both bribing and being bribed by means of precise judicial application,active performance of duties,and improvement of anti-corruption cooperation mechanisms so as to solve corruption problems totally.