商业受贿罪客观要件之我见

On the Objective Point of Crime of Commercial Bribery in my Opinion

商业受贿罪的客观构成要件是一个颇具争议的问题。从国外立法和我国实际出发,在商业受贿罪客观构成要件中,“利用职务上的便利”既包括直接利用和间接利用,也包括利用过去职务之便和利用将来的职务之便;不应取消“为他人谋取利益”构成要素;“贿赂”应当包括财产性和非财产性利益。

The objective point of crime of commercial bribery is the contentions problem. On the basis of the overseas legislation and China practice, Taking advantages of one＇s position in the objective point of crime of commercial bribery consist of taking advantages direct as well as taking advantages indirect, and consist of taking advantages of one＇s past position as well as future position. Seeking profits for another in the point of crime shouldn＇t be abolished. Bribe should consist of property interest and nonproperty interest.