公职人员财产信托制度的建构——贪污贿赂犯罪预防、惩治机制的新进路

现有惩治贪污贿赂犯罪的刑事政策存在着重刑罚轻预防、重刑法而轻其他治理手段的不足，而公职人员财产信托制度则兼具预防和惩治贪污贿赂犯罪的功能。私法语境下的信托法具有权利分割和财产独立的基本理念，其为反贪污贿赂制度的建构奠定了基本逻辑范式。建构符合我国国情的公职人员财产信托制度，需要在明确国家监察委员会监管主体的基础上，坚持中国共产党的领导，积极协调与党规党纪、部门规章和刑法等规范之间的衔接关系，形成层次分明、分工协作、预防优先的贪污贿赂犯罪刑事政策体系。

System Construction of Property Trust for Public Officials:A New Approach to the Mechanism of Prevention and Punishment of Corruption and Bribery

The existing criminal policy of punishing the crime of corruption and bribery has the deficiency of emphasizing punishment rather than prevention and heavying the criminal law instead of other means of administration. The property trust system of public officials has the function of preventing and punishing the crime of corruption and bribery. Trust law in the context of private law has the basic characteristics of division of rights and independence of property, which lays a basic logic paradigm for the construction of anti-corruption and bribery system. To construct the trust system of public officials' property in accordance of the national conditions, it is necessary to insist on the leadership of the Communist Party on the basis of clarifying the subject of supervision of the National Supervisory Commission, actively link up coordination with the Party rules and regulations, departmental rules and criminal laws, and form a criminal policy with distinct levels, division of labor and cooperation, and priority of prevention of corruption and bribery crimes.