关键词: 公共采购, 腐败犯罪, 资格取消制, 刑事政策

Abstract:

Currently， the dilemma facing the Chinese government's prevention and punishment of crime of corruption in the field of government procurement is mainly reflected as lack of the front-end prevention mechanism and lack of the back-end criminal sanction. In terms of lack of the front-end prevention mechanism， the disqualification mechanism， which plays a key role in foreign public procurement， has been absent in China for a long time. The blacklist of dishonesty and the inquiry system of bribery crime archives are difficult to replace the function and value of the disqualification mechanism completely. In terms of the back-end criminal sanction， affected by the inertial thinking of “overemphasis on bribe-receiving and underemphasis on bribe-offering，” China's criminal punishment focus has been deviated， resulting in failure of crime of bribe-offering to gain adequate attention. Therefore， the punishment and prevention mechanism against crime of corruption in the field of China's government procurement is calling for update. To realize localization of the disqualification mechanism in China， the Chinese government should adhere to the basic concept of “treat and save people” and think about institutionalization of the disqualification mechanism revolving around application conditions， application terms and elimination paths. At the same time， the stereotyped thinking of criminal justice should be changed to adherence to and implementation of the criminal policy of “punishing the crime of bribe-receiving and the crime of bribe-offering.” The back-end criminal sanction should be intensified to jointly play a role with the front-end criminal sanction system. All this will realize the ultimate goal of reducing crime of corruption in the field of government procurement.

Key words: government procurement, crime of corruption, disqualification, criminal policies