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介绍贿赂行为作为诱发贪污贿赂犯罪的重要因素之一,是各国刑事司法所警惕的对象。我国早在1952年的《惩治贪污条例》中就将介绍贿赂行为规定为违法行为,更在1979年刑法中将介绍贿赂行为列入行贿罪中予以规制。1997年新刑法颁布后,介绍贿赂行为从行贿罪中脱离,被专门规定在第392条中,独立成罪。由此可见,我国政府对介绍贿赂的惩治与预防可谓与日俱增。然而,在实践中,介绍贿赂犯罪的适用情况并不理想。以北京市检察机关为例,2008年至2012年间,北京市检察机关办理的贿赂案件共计842起,其中以介绍贿赂罪起诉的案件24起,
Introducing bribery as one of the important factors in inducing the crime of embezzlement and bribery is the object of vigilance of criminal justice institutes in various countries. As early as 1952, China’s “Corruption and Punishment Ordinance” will introduce the provisions of bribery as illegal, but also in the Criminal Law in 1979 will introduce bribery included in the crime of bribery to be regulated. After the promulgation of the new criminal law in 1997, introducing bribery to divorce from bribery was specifically stipulated in section 392 to become a separate criminal. This shows that our government punish and prevent the introduction of bribery can be described as increasing. However, in practice, the application of bribery is not ideal. Taking the prosecutorial agencies in Beijing as an example, from 2008 to 2012, prosecutors in Beijing handled 842 bribery cases, of which 24 cases were prosecuted to introduce bribery offenses,