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腐败问题一直是困扰着包括中国在内的世界各国的难题。长期以来,各国试图从立法、道德宣传、舆论监督等方面寻求解决问题的路径,法律无疑是其中最有效的方式。法律体系中惩罚最为严厉的刑法,在惩治腐败中发挥的至关重要的作用致使刑法规制腐败行为的任务任重道远。由于各个国家的社会现实、法治现状、立法体系是不同的,所以,腐败行为的刑法规制,没有统一的方法可以遵循。可见,结合中国实际,建立起我国自己的惩治腐败的刑事法治体系是十分必要的。我国惩治腐败行为的法治建设,一直处于快速发展并不断完善状态,惩治腐败行为的各项刑事政策也日益科学。随着《刑法修正案(九)》的出台,我国对腐败行为的刑法规制又有了长足发展。但是由于现实情况的影响以及法律自身的局限性和滞后性,我国的反腐败刑法制度仍存在缺陷。本文从我国的立法现状,结合中国反腐败的实际情况,阐述我国反腐败刑事法律中的问题和缺陷,同时着重说明预防腐败的具体举措,以期为中国的反腐败建设提出新的立场和思路。
The issue of corruption has always plagued the world’s problems, including China. For a long time, countries have tried to find a solution to the problem from the aspects of legislation, moral propaganda and public opinion supervision. The law is undoubtedly the most effective way among them. The most punitive penalties in the legal system, the most important criminal law in the fight against corruption, play a crucial role in the criminal responsibility of corruption causes a long way to go. Due to the social reality in various countries, the status quo of the rule of law and the legislative system are different, there is no uniform way to comply with the penal regulation of corruption. Can be seen, combined with China’s reality, establish our own system of criminal rule of law to punish corruption is very necessary. The construction of the rule of law in our country to punish corrupt practices has always been in rapid development and has constantly been perfected. All criminal policies to punish corrupt practices have also become increasingly scientific. With the promulgation of the “Criminal Law Amendment (IX)”, our country has developed by leaps and bounds in criminal law and regulation of corrupt behavior. However, because of the actual situation and the limitation and lag of the law itself, the system of the anti-corruption criminal law in our country is still flawed. Based on the status quo of legislation in our country and the actual situation of anti-corruption in our country, this article elaborates the problems and defects in the anti-corruption criminal law in our country. At the same time, it emphasizes concrete measures to prevent corruption and proposes a new position and thinking for China’s anti-corruption.