南华大学学报（社会科学版）2025，Vol.26Issue(1)：91-96,6.DOI:10.13967/j.cnki.nhxb.2025.0011
论行贿犯罪的法定刑
On the Criminal Penalties for Bribery Crimes
摘要
Abstract
Under the guidance of the policy of"combating bribery and embezzlement together,"the Amendment to the Criminal Law(XII)has made important adjustments to the criminal penalties for bribery crimes.However,it still has some shortcomings,such as the entrenched punishment configuration model of"compulsory concurrent punishment"of property crimes,the unclear stipulations on the aggravating punishment circumstances and the special lenient punishment clauses,and the reason for this is that the differences in the harm to legal interests caused by bribery crimes and embezzlement crimes have not been taken into account.Given that the harm to legal interests caused by bribery crimes is lighter than that caused by embezzlement crimes,from the perspective of effectively com-bating bribery crimes,it is suggested that the legal penalties for bribery crimes be adjusted as follows:First,the property punishment stipulations in the punishment provisions for bribery crimes should be changed from"compulsory concurrent punishment"to a selective punishment mode and an additional qualification punishment should be set up;Second,the relationship between aggravating punish-ment circumstances and lowering the standard of prosecution should be clarified,and the catch-all clause should be appropriately re-stricted;Third,the"before being prosecuted"should be understood as"before the investigation by the supervisory organ is launched,"and the provisions on mitigating or exempting punishment for units committing bribery crimes and relevant responsible per-sonnel should continue to be followed.关键词
行贿犯罪/财产刑/从重处罚情节/特别从宽量刑条款Key words
bribery crimes/property punishments/aggravating punishment circumstances/special lenient punishment clauses分类
社会科学引用本文复制引用
吴立志,李汶汶..论行贿犯罪的法定刑[J].南华大学学报（社会科学版）,2025,26(1):91-96,6.基金项目
国家社会科学基金重大项目"深化司法体制综合配套改革研究"资助(编号:20ZDA033) （编号:20ZDA033）
