从个人利益最大化透视受贿罪的表现形式及其法律适用

Showing Forms and Application of Bribe from the Maximum Personal Interest

随着我国反腐斗争的深入,受贿行为人在最大化实现私利的个人贪欲追求过程中,演绎出多种多样规避法律的受贿行为方式。受贿行为人以公权力寻租滥用为交易成本的行为扩张,个人私利的兑付从“即时清结”向未来“期权”发展,受贿主体从单个权力个体演变为相互牵连的权力集团等趋势的出现,表明受贿犯罪表现形式已具有多样性与隐蔽性,从而导致根据现行《刑法》规定的受贿罪构成要件来界定实践中的受贿罪已是困难重重。为维护公权力的社会群体信任体系和适应司法实践的需要,我国应根据受贿犯罪的新发展及时修改完善相关刑事法律。

As seriously attached bribe, which deduced various modes to emad the law in realizing maximum personal avidity during its process. The person who bribes to rent and overuse by the right giving by office, extending the cost of trade, the exchange of personal private interest, developing from ＂settling accounts on time ＂, ＂having fight in certain time＂ in the future, subject of bribe was developing from one to be a block, which shows that the variety and concealing of bribe, also which lead to difficulty in adjusting essential factor of bribe. In order to defend the common right, to believe the system and suit the necessity of judicial practice. So according to the developing of bribe, China should revise and perfect related criminal law.