谈受贿罪的主体和客观方面

On Subject and Objective Aspect in Acceptance of Bribes

受贿罪的认定,在其犯罪客体和犯罪的主观方面一般不会产生争议,但随着我国法律的修改,对受贿罪的主体和客观方面,在理论上和司法实践中产生了较大的争论。根据刑法规定,受贿罪的主体有四种类型,主体行为的本质特征是具有公务性,在实践中应注意受贿罪的几个特殊主体;受贿罪的客观方面表现为利用职务便利,索贿或者非法收受他人财物,为他人谋取利益;受贿的基本形式是收受贿赂和索取贿赂,实践中应注意斡旋受贿的行为。

Normally there is no dispute in identifying acceptance of bribes in respect of the object ofcrime and the subjective aspect of crime.However,along with the constant modification of the laws of ourcountry,great disputes have arisen in theory of acceptance of bribes.According to the stipulations of the crimi-nal law,the subject of acceptance of bribes includes four categories.The nature of the subjective behavior isthat it has the character of official business.In practice we should pay attention to some of the special subjectsof acceptance of bribes.The objective aspect of acceptance of bribes is embodied by taking advantage of thepost and asking for bribes or taking money and goods illegally from others and obtaining profit for them.Thebasic forms of taking bribes are accepting bribes and asking for bribes.We should pay attention to the media-tion of the act of taking bribes.