商业贿赂犯罪的危害、成因与预防
发布时间：2018-11-16 18:23
【摘要】： 商业贿赂犯罪是一种新型的经济犯罪,从世界范围来看,商业贿赂破坏各国经济发展、廉政制度与社会风气,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。 本文共分四个部分。 第一部分,阐述了商业贿赂的概念与构成特征,并对商业贿赂犯罪刑法学意义上的概念和犯罪学意义上的概念加以区分。认为犯罪学意义上的商业贿赂犯罪是指商业行为主体在商业过程中,为了谋取商业利益而故意采取各种权权交易、权钱交易、权色交易等贿赂手段侵害正常市场竞争秩序的一切不正当社会现象,既包括犯罪行为,又包括违法违纪行为。 第二部分,简要介绍了当前我国商业贿赂犯罪的现状,指出其呈现涉及的层面和领域极广,重点行业尤为突出;趋向群体化,单位犯罪、集体性犯罪增多;具有隐蔽性和欺骗性,且贿赂手段不断翻新等特点。并着重从破坏交易秩序、破坏资源配置、阻碍经济增长、损害消费权益、危害税收体制、削弱公共收益、影响对华投资、滋生腐败现象、危害政权稳定、阻碍道德建设等十个方面阐述了商业贿赂犯罪的危害。 第三部分,分析了商业贿赂犯罪的经济原因、制度原因、立法原因、文化原因,并总结商业贿赂犯罪人的犯罪个性包括私欲扩张的逐利心理、无罪恶感的合理心理、法不责众的安全心理、逃避追究的侥幸心理四方面。 第四部分,详述了商业贿赂犯罪的预防措施,并辟专节详述了检察机关在预防商业贿赂犯罪中发挥作用的可能性及如何发挥作用。犯罪预防的最高境界是通过道德教化和法制教育,使人不想犯罪;其次的境界是由于对法律威慑力的信服和畏惧,使人不敢犯罪;最后的境界是建立完善的管理体系和法律制度,使有犯意的人不能犯罪。据此,笔者详述了商业贿赂犯罪的预防如何从道德预防、法律预防与制度预防三方面入手,发挥其各自的优势,综合各项预防措施,以期达到预防商业贿赂犯罪的最佳效果。
[Abstract]:The crime of commercial bribery is a new type of economic crime. In the world, commercial bribery destroys the economic development of various countries, the system of clean government and social atmosphere, 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. This paper is divided into four parts. In the first part, the author expounds the concept and constitution of commercial bribery, and distinguishes between the concept of criminal law of commercial bribery and the concept of criminology. The author thinks that the crime of commercial bribery in the sense of criminology refers to the commercial behavior subject in the commercial process, in order to seek commercial interests and deliberately take various rights and rights transactions, power and money transactions, Bribery, such as right and color trading, infringes on the normal market competition order, including criminal behavior as well as illegal behavior. The second part briefly introduces the current situation of commercial bribery crime in China, and points out that it involves a wide range of aspects and fields, especially in key industries; It has the characteristics of concealment and deceptive, and bribery means are constantly renovated and so on. It also focuses on disrupting the order of transactions, destroying the allocation of resources, impeding economic growth, harming consumer rights and interests, harming the tax system, weakening public revenue, affecting investment in China, breeding corruption, and endangering political stability. Obstructing moral construction and other ten aspects elaborated the harm of commercial bribery crime. The third part analyzes the economic reasons, the system reasons, the legislative reasons, the cultural reasons of the commercial bribery crime, and summarizes the criminal personality of the commercial bribery offenders, including the profit-seeking psychology of the expansion of the selfish desire, the reasonable psychology of the sense of no guilt. The public's safety psychology, escape investigation of luck psychology four aspects. In the fourth part, the preventive measures of commercial bribery crime are described in detail, and the possibility and how to play a role in the prevention of commercial bribery crime by procuratorial organs are described in a special section. The highest state of crime prevention is to make people do not want to commit crimes through moral education and legal education, the second realm is that they dare not commit crimes because of their conviction and fear of legal deterrence. The final realm is to establish a sound management system and legal system so that people with criminal intent can not commit crimes. On this basis, the author details how to prevent the commercial bribery crime from three aspects of moral prevention, legal prevention and system prevention, give play to their respective advantages, comprehensive prevention measures, in order to achieve the best effect of preventing commercial bribery crime.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D917
本文编号：2336280
[Abstract]:The crime of commercial bribery is a new type of economic crime. In the world, commercial bribery destroys the economic development of various countries, the system of clean government and social atmosphere, 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. This paper is divided into four parts. In the first part, the author expounds the concept and constitution of commercial bribery, and distinguishes between the concept of criminal law of commercial bribery and the concept of criminology. The author thinks that the crime of commercial bribery in the sense of criminology refers to the commercial behavior subject in the commercial process, in order to seek commercial interests and deliberately take various rights and rights transactions, power and money transactions, Bribery, such as right and color trading, infringes on the normal market competition order, including criminal behavior as well as illegal behavior. The second part briefly introduces the current situation of commercial bribery crime in China, and points out that it involves a wide range of aspects and fields, especially in key industries; It has the characteristics of concealment and deceptive, and bribery means are constantly renovated and so on. It also focuses on disrupting the order of transactions, destroying the allocation of resources, impeding economic growth, harming consumer rights and interests, harming the tax system, weakening public revenue, affecting investment in China, breeding corruption, and endangering political stability. Obstructing moral construction and other ten aspects elaborated the harm of commercial bribery crime. The third part analyzes the economic reasons, the system reasons, the legislative reasons, the cultural reasons of the commercial bribery crime, and summarizes the criminal personality of the commercial bribery offenders, including the profit-seeking psychology of the expansion of the selfish desire, the reasonable psychology of the sense of no guilt. The public's safety psychology, escape investigation of luck psychology four aspects. In the fourth part, the preventive measures of commercial bribery crime are described in detail, and the possibility and how to play a role in the prevention of commercial bribery crime by procuratorial organs are described in a special section. The highest state of crime prevention is to make people do not want to commit crimes through moral education and legal education, the second realm is that they dare not commit crimes because of their conviction and fear of legal deterrence. The final realm is to establish a sound management system and legal system so that people with criminal intent can not commit crimes. On this basis, the author details how to prevent the commercial bribery crime from three aspects of moral prevention, legal prevention and system prevention, give play to their respective advantages, comprehensive prevention measures, in order to achieve the best effect of preventing commercial bribery crime.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D917
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，本文编号：2336280
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