注册 登录  
 加关注
   显示下一条  |  关闭
温馨提示!由于新浪微博认证机制调整,您的新浪微博帐号绑定已过期,请重新绑定!立即重新绑定新浪微博》  |  关闭

吴老师的个人主页

Where there is a will, there is a way.

 
 
 

日志

 
 
关于我

年过半百,经历坎坷.少年遇"文革",下乡八载,虽历经磨难,唯斗志不减,农耕间隙自学不辍,终守得云开日出,考进大学.大学毕业后先后经历了中学执教,国企管理,外企高管,最后回归重执教鞭.目前在家精心培养有志掌握英语的中小学生. 我最大的愿望就是看到孩子学有所成,桃李天下.

网易考拉推荐

我新发表的文章《行贿者也必须严惩》  

2014-05-26 10:15:08|  分类: 默认分类 |  标签: |举报 |字号 订阅

  下载LOFTER 我的照片书  |

前言:世界上有的国家,如美国,英国等西方国家对行贿者和受贿者的处罚一视同仁,称为“对等惩罚”(symmetric punishment), 而有的国家,包括中国实行的是“非对称惩罚”(asymmetric punishment)。理论和实践都证明,非对称惩罚实际上是在鼓励贿赂,助长腐败。只有像打击受贿者一样严厉打击行贿者,才能 有效遏制腐败。

No leniency on bribers

 

Wu Guangqiang 

SINCE China’s new leadership headed by Xi Jinping took the country’s helm in 2013, the firm crackdown on widespread corruption has shown no signs of abatement. Numerous venal officials, both “tigers” and “flies” — corrupt officials at provincial and higher levels and ones at lower levels, respectively — have been busted. 

As revealed in many graft cases, the extent of corruption in China in terms of severity and amplitude is shocking. When it comes to the fundamental cause of corruption, there is little disagreement; for some, being corrupt seems to be the easiest way — or indeed the only way — to get an unfair advantage. After all, selfishness and greed keep stoking the fires of corruption. 

Selfishness and greed are powerful forces deeply ingrained in the blood of many people, so the eradication of corruption is extremely difficult. But the virus of corruption must be contained and cleared out or it will eat up the flesh and soul of the nation. 

In combating graft in China, however, there has been a tactical error, or maybe a strategic blunder: bribe recipients have received far harsher punishments than bribers, thus, partly making corruption more persistent. 

This phenomenon has been reflected in the media reports of graft-related cases — there is overwhelming coverage of the names of bribe takers and details of their dirty practices, but little attention is paid to the bribers. For instance, in the case of Liu Zhijun, the toppled railway minister, it is widely known that he accepted bribes of up to 64.6 million yuan (US$10.3 million) from 11 people and received a death sentence with reprieve in July 2013. However, few know who greased his palms since few bribers have been mentioned and even less has been reported as to whether or not they have been punished. 

In addition, leniency is often shown to bribers who turn against recipients in an attempt to encourage more whistleblowing from bribers. Six bribers appeared as witnesses in the trial of Chen Tonghai, former chairperson of Sinopec who received a suspended death sentence for taking a staggering 196 million yuan in bribes, but none of the bribers were penalized for their role in the crime. 

While cooperating with bribers works in some cases, the obvious side effect of such a practice is that bribers are actually rewarded for their crimes and the bribery-for-benefit business continues to be seen as one with low risks and high returns. This brings more harm than good. 

Globally, there are two punishment regimes for bribery: symmetric vs. asymmetric. In developed countries like the U.S., the U.K. and France, symmetric punishment is used, where bribers and recipients face equally severe criminal sanctions; asymmetric punishment is practiced in most developing countries, including China, where the briber is treated more mildly than the bribe receiver. In the U.S., the maximum penalty is equal for both the bribers and the recipients — 15 years in prison and a fine three times the bribery sum. In China, the maximum punishment for recipients is the death penalty, but few bribers are ever punished despite the presence of legal provisions against the crime of offering bribes. 

Many researches and the real situation in China suggest that independent of culture and legal origin, asymmetric punishment gives bribers a behaviorally credible advantage for practicing corruption. The more leniently bribers are punished, the more corruption there is. 

In China, the de facto tolerance of bribers has made the seemingly massive anti-graft campaign less effective. Many have described such a practice as “mopping the wet floor with the faucet running.” 

Yue Zhongtian, one of the bribers who buttered up Tian Xueren, former deputy governor of Jilin Province, was found guilty of bribing Tian with 110,000 yuan, but he was promoted to a higher position after Tian was jailed. 

One key to effectively curbing corruption is to change the atmosphere of corruption by creating and enforcing consequences for bribers. When few dare to take chances, bribery will naturally diminish. 

China’s top prosecutors have vowed to reverse the trend. At a recent national conference, authorities pledged to step up the crackdown on bribery crime and to adopt symmetric punishment for bribers and recipients. 

Things are moving in the right direction. In 2013, 5,676 people suspected of giving bribes were prosecuted and tried, accounting for 31.4 percent of the total bribery cases, a 17.3 percent increase over the previous year.

 

(The author is an English tutor and a freelance writer.)

 

  评论这张
 
阅读(87)| 评论(0)
推荐 转载

历史上的今天

在LOFTER的更多文章

评论

<#--最新日志,群博日志--> <#--推荐日志--> <#--引用记录--> <#--博主推荐--> <#--随机阅读--> <#--首页推荐--> <#--历史上的今天--> <#--被推荐日志--> <#--上一篇,下一篇--> <#-- 热度 --> <#-- 网易新闻广告 --> <#--右边模块结构--> <#--评论模块结构--> <#--引用模块结构--> <#--博主发起的投票-->
 
 
 
 
 
 
 
 
 
 
 
 
 
 

页脚

网易公司版权所有 ©1997-2017