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我国经济社会体制重大转型过程中,贪污贿赂犯罪问题的存在,给社会造成了巨大损失,成为社会秩序安定和经济持续健康增长的重大障碍,成为我国迈向法治的社会主义市场经济的绊脚石。在社会经济体制重大转型过程中,监管制度的缺失,决策的不透明,贪污贿赂行为被查处的概率较低,使得贪污贿赂成为高收益、低成本的行为。探求刑法投入的成本最佳量,以求得提高刑法收益,其核心是成本—收益的比较分析。经济分析作为众多研究方法的一种,不能解释所有的贪污贿赂犯罪现象,所用的效用这个概念也较主观,不可量化。但是,就贪污贿赂行为人行为选择而言,经济学基本分析方法是可以适用的,也可以给刑事政策的制度设计提供启示。
In the course of the major transformation of China’s economic and social system, the existence of the crime of corruption and bribery has caused tremendous losses to society and has become a major obstacle to the stability of the social order and the sustained and healthy economic growth. It has become a stumbling block to the socialist market economy that is going to rule by law in our country. In the course of the major transformation of the social and economic system, the lack of a regulatory system, the opaque decision-making, and the low probability of being investigated and punished for corruption and bribery have made corruption and bribery a high-yield and low-cost activity. Explore the best cost of criminal law investment, in order to improve the proceeds of criminal law, the core is the cost - benefit comparative analysis. Economic analysis, as one of many research methods, can not explain all the phenomena of corruption and bribery. The concept of utility used is also subjective and not quantifiable. However, as far as corruption and bribery behavior choices are concerned, the basic method of economics can be applied, and it can also provide enlightenment to the system design of criminal policy.