我国私营部门内商业贿赂犯罪之立法完善——以《联合国反腐败公约》为视角

《联合国反腐败公约》第21条规定了有关私营部门内的贿赂犯罪,包括向私营部门工作人员行贿犯罪和私营部门工作人员受贿犯罪。与之相比较,我国有关私营部门内商业贿赂犯罪的规定尚存差距,主要表现在:主体范围比《反腐公约》窄;贿赂的范围比《反腐公约》窄;行贿方式规定单一;对商业受贿犯罪贿赂的归属规定不明;入罪范围比《反腐公约》窄。具体的立法完善建议:修正罪名;完善体系;扩大贿赂的范围;扩大行贿罪的行为方式;取消有关数额的规定,将数额犯修改为情节犯。

The Perfection of Legislation on the Commercial Bribery Crime in the Private Sector in China——view from "United Nations Convention Against Corruption"

The bribery crime in the private sector has been stipulated in Article 21 of United Nations Convention Against Corruption,which includes giving bribes to any person who directs or works,in any capacity,for a private sector entity,and taking bribes by any person who directs or works,in any capacity,for a private sector entity.Comparing with it,there are some deficiencies in the legislation on the commercial bribery crime in the private sector in China.The deficiencies mainly exist in the following aspects:The scope of crime subject of bribery crime is narrower than that of the United Nations Convention Against Corruption,the scope of bribes is narrower,the ways to give bribes are stipulated singly,the owner of the bribes is stipulated vaguely and the qualifications of committing a bribery crime are sterner.In view of these aspects,the proposals for perfecting the legislation on the commercial bribery crime in the private sector in China are mainly such as amending the charge of bribery crime,perfecting the system of bribery crime,expanding the scope of bribes,expanding the modes of giving bribes,abolishing the regulation of amount of bribery and amending the bribery crime as a crime of circumstances instead of a crime of amount.