Research on the Basic Theory and Rule of Law Path of Comprehensive Governance of Bribery Crimes by Procuratorial Organs

检察机关综合治理行贿犯罪的基本理论与法治化路径研究

In the process of continuously advancing the fight against corruption, adopting a strict punishment stance for bribery crimes implies the country's desire to effectively curb the increase in corruption through criminal governance. The procuratorial organs are the legal supervisory organs in China's legal system that can participate in the litigation process at all stages, and should fully implement the requirement of “investigating bribery and corruption together”. In judicial practice, the punishment of bribery crimes still faces difficulties such as insufficient institutional supply, divergent recognition of “improper interests”, difficulty in recovering illegal gains, and poor connection with supervisory agencies and courts. It is urgent to explore its theoretical basis and conduct empirical analysis to solve the many obstacles to the ineffective punishment of bribery crimes in judicial practice, in order to achieve the goal of punishing both bribery and corruption equally.

在反腐败斗争不断推进的过程中，对行贿犯罪采取从严治理的刑罚立场，蕴含着国家希望以此有效遏制腐败增量的犯罪治理诉求。检察机关是我国法治体系中能够“全阶段”参与诉讼过程的法律监督机关，应全面落实“受贿行贿一起查”工作要求。司法实践中惩治行贿犯罪仍面临制度供给不足、认定“不正当利益”存在分歧、违法所得难以追缴、与监察机关、法院衔接不畅等困境，亟需深入探究其理论基础并进行实证分析，破解司法实践中惩治行贿罪不力的诸多障碍，以实现行贿与受贿并重处罚之目的。