中国反腐败工作取得了显著成效,腐败犯罪法网不断严密化,立法价值取向和司法解释立场逐渐向《联合国反腐败公约》(UNCAC)靠拢;高官腐败问题得到大力治理。但是,中国刑法和UNCAC相比,还存在规制范围较窄、刑罚设置不够合理、出罪或轻处事由设置不当、配套规定不健全等问题;中国反腐败实践中则存在反腐机构内部协调机制不畅、司法机构独立性欠缺、监督体系不够清晰、司法能力尚显不足等缺陷。因此,有必要进一步完善刑事法律规定,健全配套制度建设;强化反腐败机构地位,优化机构职能与衔接,加强反腐败机构的内外部制约,切实提高司法能力。

China has made remarkable achievements in anti-corruption. A lot of work has been done to complete the legislation. A consistency of value with the UN Convention against Corruption (UNCAC) shows not only in laws but also in judicial interpretation. Meanwhile, senior official-corruption has been strongly controlled. However, compared to UNCAC, some problems exist in the Criminal Law of China, such as narrow definition of constitutive elements, unreasonable sanctions, inappropriate defenses and lack of relevant stipulations. In addition, some defects exist in the enforcement of anti-corruption law, including inefficient internal coordination mechanism among anti-corruption agencies, low level of judiciary independence, confusion of supervision system and inadequacy of judicial capacity. Therefore, it's necessary to perfect the criminal law and relevant regulations, improve the independence of judicial organizations, optimize the functions and the cohesion among anti-corruption agencies, strengthen internal and external supervision, and improve judicial capacity