“预惩协同型”腐败治理机制之建构——基于法国《萨潘二号法》的比较视角

腐败治理机制是惩治和预防腐败的各种措施、手段和方法的总和。法国出台《萨潘二号法》着力“强化惩治措施、创新预防方式”，推进反腐主体权力的协同运行，再次升级腐败治理机制。此次改革，法国以完善威慑与剥夺效应、强化发现与追惩能力为核心不断发展腐败惩治机制，以反腐败合规制度为代表勇于创新预防机制，形成贯通行政法、刑事诉讼法和刑法的一体化、层次化和体系化的积极治理立法范例。在我国监察和司法体制改革重叠的历史背景下，倡导腐败积极治理主义理念，科学借鉴成功经验，应严密刑事法网、提高刑事司法效率，改善“不敢腐”的惩治机制；应明确组织实体预防责任、探索监察机关合规监督程序，优化“不能腐、不想腐”的预防机制。

Construction of Prevention and Punishment Synergy Corruption Governance Mechanism：Based on the Analysis of French “Sapin II Law”

Corruption governance mechanism refers to the sum of various measures, means and methods for punishing corruption and preventing corruption. Taking the introduction of “Sapin II Law” as an opportunity, France focuses on strengthening punishment measures and innovating prevention methods, so as to promote the coordinated operation of anti-corruption subject power and upgrade the corruption governance mechanism. In this legislative reform, France's corruption punishment mechanism has been developing continuously with the improvement of deterrence and deprivation effect and the strengthening of the ability to discover and punish as the core, and has established a strict system of“high pressure” and “zero tolerance”. France's corruption prevention mechanism, represented by the innovation of anti-corruption compliance legislation, has constructed an integrated, hierarchical and systematic corruption prevention responsibility mechanism through administrative law, criminal procedure law and criminal law. Under the historical background of the overlapping reform of the supervisory system and the judicial system in China, we should learn from the experience of the model legislation of the active governance of corruption, by tightening the criminal law network and improving the efficiency of criminal justice to upgrade the punishment mechanism of “dare not to corrupt”; by establishing the prevention responsibility of organizational entities and exploring compliance monitoring procedures of supervisory organs to optimize the prevention mechanism of “can not to corrupt”.