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商业贿赂现象严重背离市场经济规律,破坏市场竞争秩序,是各国立法所重点打击的对象。我国现行商业贿赂犯罪治理模式存在侦查权的分散配置机制不科学、行政执法与刑事执法缺乏有效衔接、治理整体效果不明显等弊端,急需构建以检察机关为主导、行政执法机关密切配合、社会公众共同参与的联动机制,需要从立法、机构设置、行政执法与刑事司法衔接、综合保障机制等方面构建检察机关统一查处商业贿赂犯罪模式。
Commercial bribery seriously deviates from the laws of the market economy and undermines the order of market competition, which are the targets of the crackdowns by the legislatures in all countries. The current commercial bribery crime control mode in our country includes the unscientific mechanism of decentralization of investigative power, the lack of effective connection between administrative law enforcement and criminal law enforcement, and the insignificant effect of governance. It is imperative to build a system that takes the prosecutorial authority as the lead and the administrative law enforcement agencies work closely with the public Jointly participating in the linkage mechanism, the need for legislation, institutional settings, administrative law enforcement and criminal justice convergence, comprehensive protection mechanisms and other aspects of the construction of a unified investigation and prosecution of commercial bribery crime model.