受贿罪若干问题研究

On the crime of Bribe-taking

为了弥补法律的缺陷,为预防和惩治受贿犯罪提供更加科学的理论依据,通过评述国内法学界学者的观点,并结合我国刑法的规定,对受贿犯罪有争议的几个问题进行了探讨,认为受贿罪中“贿赂”的范围既包括财产和财产性利益,也包括其他不正当利益;“为他人谋取利益”,是指国家工作人员有为他人谋取利益的许诺,不要求有为他人谋取利益的客观行为与结果;已离、退休的国家工作人员可以成为受贿罪的主体;在斡旋受贿中行为人与被利用者的职务之间不存在制约关系。

This article carries on the discussions of some controversial questions in the bribery crime, by means of commenting on and narrating the viewpoints of those law scholars in China, and integrating the stipulation of the criminal law in China, the paper put forward some ideas to make up the legal flaws so as to providing more scientific theory basis to prevent bribery crime. The paper concludes that the scope of ＂bribe＂ not only includes property and property benefit; but also includes other improper benefits. ＂Seek the benefit for the other people＂ means that civil servants have the promise and no request of having the objective behavior and result for seeking benefit for the other people. And those civil servants who have taken leave or retired could become the main body in the bribery crime. In bribe taking, there are no restricted relations between the man who takes the bribery and the one being used by others.