受贿罪客体比较研究

A Comparative Study of the Objects of Offense of Taking a Bribe

受贿罪的客体历来为中外刑法理论所重视。我国刑法理论对受贿罪客体的认识存在不周延之处,考虑到现实中受贿的各种情形,受贿罪的客体应为“职务和职务行为的廉洁性(公正性)以及社会对职务和职务行为的信赖”。

The theoretical study of objects of taking a bribe has been highly valued in criminal law circles both at home and abroad. However, to some extent, the result of such study in China is not very satisfactory. Given the variety of the situations connected with taking bribes in the real world, the author determines that emphasis should be put on the “honesty of public officials and their duties, and the society's reliability upon the officials and their functions.”