简论立案前主动退贿行为的定罪处理

How to deal with the action of handing back the received bride before it is put on record

受贿罪的内涵和外延，近年来有了很大的发展，理解相当宽泛。这对惩治腐败，建设廉洁政府，促进经济发展，具有一定的积极意义。但是，也不应矫枉过正。对收到贿赂以后在规定的时间内主动退贿或者上缴有关廉政帐户的行为，不应以受贿罪论处。这样做，符合刑法条文的立法原意，有利于更准确地反映刑事政策的导向性，对于打击受贿罪，保障无罪的人不受法律追究亦具有重要意义。

The crime of accepting bribes＇ connotation and its extension has great development and broad understanding recent years. It is of significance in penalizing the corruption, constructing the honest and clean government and improving the economic development. But it shouldn＇t be hypercorrect. The action that handing back the received bride on his/her own initiative or handing in the received bride to the account of honest and clean government in the stated time should not be penalized as the crime of accepting bribes. It＇s conform to the legislation purpose of the criminal law, propitious to reflect the guidance of criminal policy more correctly, as well as attacking the crime of accepting bribes and ensuring the innocent person away from the penalty.