论文部分内容阅读
贪污贿赂犯罪中,犯罪人其实有自己内心的成本与收益考量,其行为复合经济学的“经纪人”假设。在这一前提下,通过提高贪污犯罪成本、降低其收益,可以有效预防贪污贿赂犯罪。本文的第一部分从限制有数额标准限制的收益和减少难以用金钱评估的其他利益两个方面探讨如何减少收益。第二部分提高犯罪成本、时间成本、惩罚成本三个方面提高犯罪成本。第三部分提出了立法完善建议,一是将非财产性收益纳入定罪范围,二是确立官员财产申报制度,提高巨额财产来源不明罪的法定刑。
In embezzlement and bribery crime, criminals actually have their own inner cost and benefit considerations, and their behavior is “broker” assumption of composite economics. Under this premise, by raising the cost of corruption crimes and reducing their profits, corruption and bribery crimes can be effectively prevented. The first part of this article explores how to reduce revenue from both the benefits of limiting the amount of standard limits and the other benefits of reducing the amount of money that are difficult to assess. The second part is to raise the crime cost, the time cost and the penalty cost. The third part puts forward suggestions on perfecting the legislation. One is to include the non-property benefits in the scope of conviction. The second is to establish the official property declaration system and increase the legal punishment for the crime of huge amount of property with unidentified sources.