贪污贿赂犯罪是任何社会正常发展的生理毒瘤,这也是其一直都是被关注的焦点和任何社会都对其严加遏制并给予打击的原因所在。我国为保证国家顺利开展经济建设,也必须坚持从严反腐。《刑法修正案(九)》及其《解释》的出台,虽使我国的反腐败斗争更加科学合理,但社会的情势迅速变化,也使其诸多漏洞得以彰显。笔者在论述《刑法修正案(九)》中规定的贪污贿赂犯罪立法缺陷的同时,提出了相应的完善建议,以求教于同仁。 Corruption and bribery are the physical tumor of any normal society, and this is why it has always been the focus of attention and any society has severely deterred and cracked down on it. In order to ensure the smooth development of economy in our country, we must also insist on strict anti-corruption. Although the introduction of the “Amendment to the Criminal Law (IX)” and its “interpretation” has made our fight against corruption more scientific and rational, the social situation has rapidly changed and many loopholes have also been highlighted. While discussing the legislative defects of corruption and bribery stipulated in “Amendment 9 to the Criminal Law”, the author puts forward some corresponding suggestions for improvement so as to seek advice from colleagues.