我国高校反商业贿赂问题研究

发布时间：2018-04-25 19:45

本文选题：高校 + 商业贿赂　；参考：《西南大学》2015年硕士论文

【摘要】：高等院校是“象牙塔”,在任何社会里都是十分圣洁的“殿堂”。“殿堂”里的老师是“人类灵魂的工程师”,是教书育人的“园丁”。学高为师,德高为范。高等教育的思想品德、人格精神应该成为社会民众的典范,否则难以“为人师表”,更不能培养和造就社会的栋梁之才。近年来,随着我国高等院校的扩招和高等教育的普及,高等院校的办学规模日益扩大,高校参与的经济活动也越来越多,高校与社会的接触也越来越密切,与之相应的我国高等院校的商业贿赂问题也引起了社会的高度关注,我国高校商业贿赂犯罪呈现出高发趋势。高等院校里出现商业贿赂犯罪是社会进步发展过程中产生的毒瘤,其对我国高校的危害十分巨大。国外很多高校的发展历程告诉我们,商业贿赂犯罪对于高等教育而言是一个需要花费大力气去除的顽疾固症。随着市场经济对我国高等院校的冲击越来越大,我国高校的经济活动日益增多,与世界上其他国家一样商业贿赂犯罪也已经成为困扰我国高校发展的巨大问题。尤其是在近些年来我国高校改革不断地深入的背景下,我国高校规模不断扩大、招生规模不断增多,我国高校内发生的商业贿赂犯罪也越来越多。在这种情形之下,研究我国高校商业贿赂的现状与存在问题,并提出相应的对策是具有十分重要现实意义的一件事情。高校商业贿赂是市场经济消极因素对我国高等教育事业的冲击,这种冲击腐蚀了一大批高等院校内的领导干部与工作人员,损害了高等院校的良好社会形象,极大地损害了高校师生与人民群众的切身利益。本文首先对高校商业贿赂的定义进行了界定并介绍了高校商业贿赂的表现形式,分析了我国高校商业贿赂的现状及高校反商业贿赂存在的问题,在借鉴国外高校反商业贿赂经验的基础上,针对我国高校反商业贿赂中存在的问题,提出了我国高校反商业贿赂的对策。我国高校商业贿赂呈现出涉案领域较为固定、行贿受贿隐蔽导致调查取证困难、行贿受贿方式较为多样化、高校受贿人员集体化的特征。我国高等院校商业贿赂主要集中在四个领域：招生领域、物资采购领域、基本建设领域以及高校后勤产业领域。目前我国高校反商业贿赂工作在中存在着一些问题,在法律制度上尚未形成完善规范的反商业贿赂法规体系,司法惩处上惩处力度较轻对犯罪人员的警戒惩罚作用不大。我国高等院校的反商业贿赂工作是一项复杂的系统性工程,我们要在借鉴国内外相关反商业贿赂经验的基础上,采取多项措施。我们要完善法律制度建设,使之不敢犯罪；推动高校去行政化,使之不易犯罪；强化高校监督机制,使之不能犯罪。
[Abstract]:Institutions of higher learning are ivory towers, very holy halls in any society. The teacher in the Palace is the engineer of the human soul and the gardener who teaches and educates. Learning high is a teacher, and virtue is a norm. The ideological and moral character and personality spirit of higher education should become the model of the social masses, otherwise, it is difficult to "be a teacher", let alone cultivate and bring up the talents of the pillars of society. In recent years, with the expansion of enrollment and popularization of higher education in our country, the scale of running colleges and universities is expanding day by day, the economic activities of colleges and universities are more and more, and the contact between universities and society is becoming closer and closer. The problem of commercial bribery in colleges and universities in our country has also aroused great concern from the society, and the crime of commercial bribery in colleges and universities in our country has shown a tendency of high incidence. The emergence of commercial bribery crime in colleges and universities is a malignant tumor in the process of social progress and development, and its harm to colleges and universities in our country is very great. The development of many foreign colleges and universities tells us that the crime of commercial bribery is a stubborn disease that needs to be eliminated with great effort. With the impact of market economy on colleges and universities in our country, the economic activities of colleges and universities in our country are increasing day by day. The crime of commercial bribery, like other countries in the world, has become a huge problem puzzling the development of colleges and universities in our country. Especially in recent years, under the background of college reform, the scale of colleges and universities in our country is expanding, the enrollment scale is increasing, and the crime of commercial bribery is also more and more occurring in colleges and universities in our country. Under such circumstances, it is of great practical significance to study the present situation and existing problems of commercial bribery in colleges and universities in China, and to put forward corresponding countermeasures. Commercial bribery in colleges and universities is the impact of negative factors of market economy on the cause of higher education in China, which corrodes a large number of leading cadres and staff in colleges and universities, and damages the good social image of colleges and universities. It has greatly damaged the vital interests of teachers and students in colleges and universities and the masses of the people. This paper first defines the definition of commercial bribery in colleges and universities, and introduces the manifestations of commercial bribery in colleges and universities, analyzes the present situation of commercial bribery in colleges and universities in China and the existing problems of anti-commercial bribery in colleges and universities. Based on the experience of foreign universities against commercial bribery, this paper puts forward the countermeasures against commercial bribery in colleges and universities of our country in view of the problems existing in the anti-commercial bribery of our country's colleges and universities. Commercial bribery in colleges and universities in China presents a relatively fixed field of involvement. Covert bribery leads to the difficulty of investigation and collection of evidence, the ways of bribery are more diversified, and the characteristics of collectivization of bribe-taking personnel in colleges and universities. Commercial bribery in colleges and universities in China is mainly concentrated in four fields: enrollment field, material procurement field, capital construction field and the field of university logistics industry. At present, there are some problems in the work of anti-commercial bribery in colleges and universities in our country. In the legal system, there has not been a perfect and standardized system of anti-commercial bribery laws and regulations, and the light punishment in judicial punishment has little effect on the warning and punishment of criminal personnel. The work of anti-commercial bribery in colleges and universities in our country is a complicated systematic project. We should take several measures on the basis of drawing lessons from the relevant experience of anti-commercial bribery at home and abroad. We should perfect the construction of legal system, make it dare not to commit crimes; promote the university to deadministrate, make it not easy to commit crimes; strengthen the supervision mechanism of colleges and universities, make it impossible to commit crimes.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294

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