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近年来,商业反腐的结构性治理出现了新的特点、格局和问题意识。围绕打击和预防商业腐败,在“供给侧”的相关立法和执法策略上,国际商业反腐的责任规则、基本立场和制度供应都产生了令人瞩目的重要转变和新动向,也对中国的改革和发展产生了非常深远的影响。基于这些转变和动向,更全面、更深入的商业反腐研究,不仅应从微观层面谋取政府与企业之间合法化的利益交换,还应从宏观层面进一步深究社会支持系统之上的结构性治理之道,构建起一套商业反腐的模式。其中,中国商业反腐的结构性治理实际上更为复杂和微妙,它有着跨境移植难以应对的本土化特定议题和立场;同时,中国商业反腐的模式不仅应有制度改革等基本应对的治标之策,还要留下足够的空间,为商业反腐更高目标的实现和深层治本之道的获取,做出更全面、更精密的架构和设计。
In recent years, the structural governance of commercial anti-corruption has emerged new characteristics, patterns and awareness of problems. Focusing on cracking down and preventing commercial corruption, on the basis of relevant legislation and law enforcement strategies on the “supply side”, the rules of responsibility, the basic position and the system supply of international commercial anti-corruption have all brought about significant and important changes and new trends. The reform and development have had a very far-reaching impact. Based on these changes and trends, a more comprehensive and in-depth study of commercial anti-corruption should not only seek the legal exchange of interests between the government and the enterprises at the micro level, but also further study the structural governance of the social support system at the macro level, Build a set of business anti-corruption model. Among them, the structural governance of China’s commercial anti-corruption is actually more complicated and subtle. It has localized specific issues and positions that cross-border transplantation is difficult to cope with. At the same time, the model of anti-corruption in China’s business should not only be punctual for the fundamental response such as system reform However, we should also leave enough room for a more comprehensive and sophisticated structure and design for the realization of the higher objective of commercial anti-corruption and for the acquisition of deep-rooted solutions.