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我国惩治贪污贿赂犯罪刑事立法的展开,沿袭重典反腐,不断扩张刑法规制范围,构建体系化刑事治理的进路。在社会转型期,我国贪污贿赂犯罪刑事立法的阙如,使得司法实践无所适从,不利于贪污贿赂犯罪的刑事治理。为了应对贪污贿赂犯罪惩治不力的局面,本文认为有必要适当扩张贪污贿赂犯罪对象,改造贿赂犯罪构成要件,完善贪污贿赂犯罪的刑事责任体系。
The criminal legislation of punishing corruption and bribery crimes in our country is carried out. It follows the code of anti-corruption, expands the scope of the regulation of criminal law and constructs the system of criminal governance. In the period of social transformation, the lack of criminal legislation in our country embezzlement and bribery crime makes the judicial practice know what to do, which is not conducive to the criminal administration of corruption and bribery. In order to deal with the ineffective punishment of embezzlement and bribery crimes, this article considers it necessary to appropriately expand the criminal targets of embezzlement and bribery, reform the constitutional elements of the crime of bribery, and improve the criminal responsibility system of embezzlement and bribery crime.