论受贿罪之“利用职务上的便利”

On the Crime of Bribery Committed by "Using the Convenience of Duty"

“利用职务上的便利”是确定受贿罪的关键所在,在司法实践中,对此有不同的理解和解释,这就需要在案件审理中不断总结探索,作出公正、合理的解释。

＂Using the convenience of duty＂ is the key to definite the crime of bribery. In the practice of justice, there are different understanding and explanations to this, which needs to constantly summarize it during judging the case, and thereby making a just and reasonable explanation.