The paper examines the provisions on bribery crimes in Chinese legislation in the perspective of UNCC and finds that our legislation of bribery crimes in current criminal law is quite different from that of UNCC in their subject, scope of bribery, compone
The paper examines the provisions on bribery crimes in Chinese legislation in the perspective of UNCC and finds that our legislation of bribery crimes in current criminal law is quite different from that of UNCC in their subject, scope of bribery, compone
参照《公约》有关贿赂犯罪的立法规定，对我国刑事实体法关于贿赂犯罪的立法进行考察，认为我国《刑法》对贿赂犯罪的规定与《公约》的相关规定虽然有着许多相互对应的地方，但二者“形似神离”，在贿赂犯罪的主体、贿赂的范围、贿赂犯罪的构成要件、贿赂犯罪处罚的对称性及刑罚配置等方面各不相同。