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美国联邦贿赂法规定的公务员贿赂犯罪包括贿赂罪与不法馈赠罪,两种犯罪之间是并列关系还是包含关系,联邦法院的判例对此还存在争议。在构成要件上,两罪都包括公务员、公务行为、犯罪意图和有价物,但在具体认定标准上存在差异。在刑罚种类上,两罪包括拘禁刑、罚金刑、褫夺公权和没收犯罪所得利益,只是在具体适用上轻重有所不同。上述联邦贿赂法对贿赂罪和不法馈赠罪的罪、责、刑的完整规定,反映了当前美国加大反贪污贿赂犯罪力度的必然趋势,也符合目前世界的主要潮流。
The federal bribery law provides that civil servants should pay the crime of bribery and wrongdoing for bribery crimes. Whether the two crimes are side-by-side or relationship-related, there is still controversy in the federal court case. On the elements of the constitution, both crimes include civil servants, official acts, criminal intent and valuables, but there are differences in the specific standards of recognition. In terms of types of punishment, the two crimes, including detention sentences, fine penalties, public procurators’ rights and the confiscation of proceeds of crime, are only different in terms of their specific application. The complete provisions of the federal bribery law on crimes of crime of bribery and wrongdoing, imprisonment and punishment, reflect the inevitable trend of increasing anti-corruption and bribery in the United States and are also in line with the major trends in the world at this time.