检察机关治理商业贿赂犯罪对策研究
发布时间：2018-12-16 03:54
【摘要】：商业贿赂犯罪是一种新经济犯罪,从世界范围来看,商业贿赂破坏各国经济发展、廉政制度与社会气,已经为害多年。我国作为一个新兴的社会主义市场经济国家,在改革开放,建设社会主义市场经济体制的进程中,同样出现了商业贿赂犯罪滋生蔓延的现象,并成为一种市场潜规则,造成严重的政治、经济和社会危害。因此,加强对商业贿赂犯罪的研究,认识其危害与成因,并寻求有效的预防途径,对于推动我国社会主义市场经济的健康发展有着重要的理论意义和实践意义。基于此,此文正是以商业贿赂为研究对象,通过深刻剖析商业贿赂行为产生的原因,分析我国商业贿赂行为的规制现状,借鉴其他国家和地区相关立法的经验,以检察职能优化的视角提出商业贿赂治理对策和建议。首先对商业贿赂的概念、构成要件进行阐述;其次结合我国商业贿赂犯罪现状,主要从主观动机、体制、法律制度及文化四个方面对商业贿赂犯罪行为原因进行了分析和探讨,商业贿赂的主体趋向多元,内容更为广泛,危害更加深刻;最后对检察机关治理职能进行了阐述。其次是详细介绍了美国、日本以及香港有关商业贿赂犯罪的立法状况及实践经验的借鉴,对于治理我国商业贿赂犯罪给予极大的启示。最后从构建检察机关预防和治理商业贿赂的管理机制、如何提高执法效率、设立专门管辖机构、赋予检察机关独立调查官享受特殊侦查权、提高检察机关的主观能动性及完善检察机关应对商业贿赂相关制度等几个方面,以检察职能优化的视角提出完善我国商业贿赂的治理的对策和建议。
[Abstract]:The crime of commercial bribery is a new economic crime. From the point of view of the world, commercial bribery destroys the economic development of various countries, the system of clean government and social qi, has been harmful for many years. As a new socialist market economy country, in the process of reform and opening up and construction of socialist market economy system, the phenomenon of commercial bribery crime has also appeared in China, which has become a latent rule of the market. Causing serious political, economic and social harm. Therefore, it is of great theoretical and practical significance to strengthen the research on the crime of commercial bribery, to understand its harm and cause, and to seek effective ways of prevention to promote the healthy development of our socialist market economy. Based on this, this paper takes commercial bribery as the research object, analyzes the causes of commercial bribery, analyzes the current situation of regulation of commercial bribery in China, and draws lessons from the relevant legislation experiences of other countries and regions. From the angle of the optimization of procuratorial function, the paper puts forward the countermeasures and suggestions of commercial bribery governance. First of all, the concept of commercial bribery, the elements of the elaboration; Secondly, combining with the present situation of commercial bribery crime in China, the author analyzes and discusses the causes of commercial bribery crime from four aspects of subjective motive, system, legal system and culture. The main body of commercial bribery tends to be pluralistic and the content is more extensive. The harm is deeper; Finally, the function of procuratorial organ governance is expounded. Secondly, it introduces the legislative situation and practical experience of commercial bribery crime in the United States, Japan and Hong Kong in detail, and gives great enlightenment to the management of commercial bribery crime in China. Finally, how to improve the efficiency of law enforcement, set up a special jurisdiction, and give the independent investigating officer of procuratorial organ special investigation power from constructing the management mechanism of preventing and controlling commercial bribery of procuratorial organs, and how to improve the efficiency of law enforcement. To improve the subjective initiative of procuratorial organs and improve the procuratorial organs to deal with commercial bribery related systems and other aspects, from the perspective of the optimization of procuratorial functions, this paper puts forward some countermeasures and suggestions to improve the governance of commercial bribery in China.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
本文编号：2381781
[Abstract]:The crime of commercial bribery is a new economic crime. From the point of view of the world, commercial bribery destroys the economic development of various countries, the system of clean government and social qi, has been harmful for many years. As a new socialist market economy country, in the process of reform and opening up and construction of socialist market economy system, the phenomenon of commercial bribery crime has also appeared in China, which has become a latent rule of the market. Causing serious political, economic and social harm. Therefore, it is of great theoretical and practical significance to strengthen the research on the crime of commercial bribery, to understand its harm and cause, and to seek effective ways of prevention to promote the healthy development of our socialist market economy. Based on this, this paper takes commercial bribery as the research object, analyzes the causes of commercial bribery, analyzes the current situation of regulation of commercial bribery in China, and draws lessons from the relevant legislation experiences of other countries and regions. From the angle of the optimization of procuratorial function, the paper puts forward the countermeasures and suggestions of commercial bribery governance. First of all, the concept of commercial bribery, the elements of the elaboration; Secondly, combining with the present situation of commercial bribery crime in China, the author analyzes and discusses the causes of commercial bribery crime from four aspects of subjective motive, system, legal system and culture. The main body of commercial bribery tends to be pluralistic and the content is more extensive. The harm is deeper; Finally, the function of procuratorial organ governance is expounded. Secondly, it introduces the legislative situation and practical experience of commercial bribery crime in the United States, Japan and Hong Kong in detail, and gives great enlightenment to the management of commercial bribery crime in China. Finally, how to improve the efficiency of law enforcement, set up a special jurisdiction, and give the independent investigating officer of procuratorial organ special investigation power from constructing the management mechanism of preventing and controlling commercial bribery of procuratorial organs, and how to improve the efficiency of law enforcement. To improve the subjective initiative of procuratorial organs and improve the procuratorial organs to deal with commercial bribery related systems and other aspects, from the perspective of the optimization of procuratorial functions, this paper puts forward some countermeasures and suggestions to improve the governance of commercial bribery in China.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3
【参考文献】
相关期刊论文 前1条
1 贾一然;;商业贿赂犯罪及其立法完善[J];法制与社会;2008年01期
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