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香港曾经是贪污腐败之风猖獗,贿赂盛行,备受世人关注的地方。而内地现在贪污贿赂之风亦较严重,已经引起人民的不满。为了惩治贿赂犯罪,防止腐败现象的继续蔓延,两地均制定了惩治贿赂犯罪的法律。从刑事立法方面看,香港现行的惩治贿赂犯罪法律有:《防止贿赂条例》(1971年),《舞弊及非法行为条例》(1955年),《总督特派廉政专员公署条例》(1974年)。内地现行立法主要有:《中华人民共和国刑法》(1997年)(以下简称《刑法》),《中华人民共和国刑事诉讼法》(1996年)(以下简称《刑事诉讼法》)。本文限于篇幅,仅将其中的立法特点、涉及犯罪与刑罚的几个主要问题阐述如下,以兹借鉴。
Hong Kong was once a place where the winds of corruption and corruption were rampant and bribery prevailed, drawing much attention from the world. In the Mainland, corruption and bribery have also become more serious now, which has already caused people’s dissatisfaction. In order to punish bribery crimes and prevent the spread of corruption, both places have made laws to punish crimes of bribery. From the point of view of criminal legislation, the existing laws on the punishment of bribery in Hong Kong include the Prevention of Bribery Ordinance (1971), the Corrupt and Illegal Practices Ordinance (1955) and the Ordinance of the Independent Commission Against Corruption (1974). The current Mainland legislation mainly includes: Criminal Law of the People’s Republic of China (1997) (hereinafter referred to as “Criminal Law”), “Criminal Procedure Law of the People’s Republic of China” (1996) (hereinafter referred to as “Criminal Procedure Law”). This article is limited to space, only the legislative features, several major issues related to crime and punishment as described below, with reference.