竖立人情与腐败之间的法律界碑——以官员“礼上往来”的法律规制为例

“礼尚往来”是我国的民间习俗和传统美德,而我国诸多贪官常借人情往来之名而行腐败交易之实.为此有必要引入“礼上往来”的概念予以辨析与矫正,在解析官员礼上往来行为走向性质的基础上,梳理和借鉴美国规制官员收送礼品行为的法律经验,完善我国对官员礼上往来行为的法律规制,竖立人情与腐败之间的法律界碑以厘清人情与腐败的界线,从而达致更为有效治理腐败的目的.

Putting a Legal Dividing Line between Human Relationship and Corruption——On “Reciprocity” between officials and Its Regulation

Reciprocity is one of China's folk cultures and good traditions,while many corrupted officials in China are often misleading the public by doing corrupting dealings in the name of reciprocity.Therefore,it is necessary to introduce the concept of reciprocity,making it discriminated and corrected.Then based on the clarification of the characteristics of reciprocity,it is necessary to sort out and learn from the U.S.experiences of legal regulation on reciprocity of officials,and put a legal dividing line betwe...