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基于媒体公布的31个案例与武汉市125个案例中“官商勾结”腐败现象的分析,可知“官商勾结”是刑法规范学上并无独立评价意义,但社会危害性却甚为剧烈的一种受贿罪(及其他相关犯罪)的具体表现形态。由于房地产、土地转让、工程建设、能源等领域缺乏有效的权力制约与监督机制,“官商勾结”现象自然聚集于此。腐败势力的坐大,在很大程度上正是由于健康、有序的市场力量尚未充分发育,而国家权力对经济事务不必要的干预过分发达所致。治理的关键在于经济自由与国家权力的平衡配置。
Based on the analysis of the 31 cases published by the media and the “collusion between officials and businessmen” in 125 cases in Wuhan, we can see that “collusion between officials and businessmen” is not an independent evaluation significance in the criminal law norms, but the social harmfulness is quite Violent bribery (and other related crimes) of the specific manifestations. Due to the lack of an effective power restriction and supervision mechanism in real estate, land transfer, construction, energy and other fields, the phenomenon of “collusion between officials and businessmen” is naturally gathered here. Corrupt forces take a large part because, to a large extent, it is precisely because the healthy and orderly market forces have not yet fully developed and that unnecessary intervention of state power in economic affairs is over-developed. The key to governance lies in the balance between economic freedom and state power.