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伴随着改革开放与市场经济建设,无论是国营企业还是民营企业都实现了跨越式的发展。国营企业在重要行业部门的控制力不断增强,民营企业则实现了资本的迅速积累,其市场竞争力和企业治理水平都得到了提高。然而近年来,企业家贿赂犯罪形势日益严峻,虽然国营企业家与民营企业家在贿赂犯罪的行为方式有明显的不同,但是二者都正在逐渐形成非制度性的犯罪规则。因此,本文认为应当重视企业家贿赂犯罪对我国社会和经济发展的现实危害。通过构建合理的国企民企关系,完善刑事立法司法制度,推动企业治理结构的现代化,实现对企业家贿赂犯罪的预防。这是推动我国全面深化反腐工作的要求,也是实现反腐一体化,反腐工作与国际接轨的要求。同时,治理企业家贿赂犯罪,对企业的可持续发展及市场经济法治化建设具有重要的推动作用。
Accompanied by the reform and opening up and the construction of market economy, both state-owned enterprises and private-owned enterprises have achieved leapfrog development. The controlling power of state-owned enterprises in important industrial sectors has been continuously enhanced. Private-owned enterprises have realized the rapid accumulation of capital, and their market competitiveness and corporate governance have been raised. However, in recent years, the crime of bribery by entrepreneurs has become more and more serious. Although there are obvious differences in the behavior of state-owned entrepreneurs and private entrepreneurs in the crime of bribery, both are gradually forming non-institutional criminal rules. Therefore, this article thinks that we should attach great importance to the actual harm of entrepreneurial bribery to the social and economic development of our country. Through building a reasonable relationship between state-owned enterprises and private enterprises, improving the judicial system of criminal legislation, promoting the modernization of corporate governance and preventing the bribery crime of entrepreneurs. This is a requirement to push China to deepen its anti-corruption work in an all-round manner and a requirement of keeping its anti-corruption integration and anti-corruption work in line with international standards. At the same time, the governance of bribery by entrepreneurs has an important impetus to the sustainable development of enterprises and the legalization of the market economy.