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我国现行应对外国公司犯罪的刑事治理体系存在着刑事政策宽纵化、罪刑失衡以及自我废弃司法主权等诸多问题,与在华外国公司的犯罪高企态势不相适应。为此,应按照“内外一视同仁”的刑事政策加强监管惩处,同时借鉴域外经验完善相关立法,如扩张相关犯罪如行贿罪等的范围,明确“贿赂”等相关概念的边界,使对外国公司经济犯罪的刑事治理体系化、制度化。在此基础上重置司法管辖权,改变以往司法权的消极态度,通过参与跨国合作,特别是预防打击腐败方面的国际合作和技术援助,主动介入到我国有管辖权的各类外国公司犯罪中,藉此提升我国应对外国公司犯罪刑事治理体系的实效性。
The existing criminal governance system of crimes committed by foreign companies in our country has many problems, such as the widening of criminal policy, the imbalance of crime and punishment and the self-abandonment of judicial sovereignty, which are incompatible with the high crime situation in foreign companies in China. To this end, we should strengthen supervision and punishment in accordance with the criminal policy of “equal treatment of both insiders and outsiders.” At the same time, we should improve relevant legislation from the perspective of extraterritoriality, such as expanding the scope of related offenses such as bribery, clarifying the boundaries of related concepts such as “bribery” The criminal governance of economic crimes by foreign companies is systematized and institutionalized. On the basis of this, we will reset our jurisdiction and change the negative attitudes of our past judicial power. We will take the initiative to intervene in crimes committed by our country’s foreign-controlled foreign companies by participating in cross-border cooperation, especially in preventing international cooperation and technical assistance in combating corruption. , So as to enhance our country’s response to foreign criminal criminality system effectiveness.