论文部分内容阅读
作为法院判决和行政处罚的一个连接点,行贿犯罪档案查询制度前承法院判决结果,后接行政资格处罚,并被最高人民检察院赋予“遏制贿赂犯罪,推动惩防腐败建设”的功能定位,且有增强其刚性建设的趋势。要理顺行贿罪的治理问题,构建良好的刑罚体系,首先必须认清以档案查询连接行政资格罚的功能不足;其次要看到现有行贿罪治理方法存在的问题。长远来看,有必要在未来的刑法典总则中设立资格刑,在行贿罪一条中增加对单位的资格处罚,整合其他法律法规中资格性行政处罚,并让行贿犯罪档案查询系统回归本位,作为一个信息库为相关社会主体提供查询服务,查询结果不再具备引起行政处罚的效力。
As a connection point between court judgment and administrative penalty, the bribery criminal files inquiry system inherits the result of the court judgment and is subsequently punished by administrative qualifications, and is given the functional orientation of “preventing bribery crimes and promoting punishment and corruption prevention” by the Supreme People’s Procuratorate , And there is a tendency to enhance its rigidity. To straighten out the problem of governance of bribery and to establish a good system of penalties, we must first recognize the inadequate function of connecting the administrative qualifications and fines with file access; secondly, we should see the existing problems in the existing methods of bribery. In the long run, it is necessary to establish eligibility for punishment in the general provisions of the future Criminal Code, to increase eligibility and punishment for units in the section on the crime of bribery, to integrate qualifying administrative penalties in other laws and regulations, and to return the system of bribery and criminal records inquiry to our standard as A database of information for the relevant social subjects to provide inquiry services, query results no longer have the effect of causing administrative penalties.