关于市场经济条件下贿赂罪主体界定的法律思考

Thinking over from the Angle of Laws the delimitation of the main bodies of the crimes of bribery under the conditions of market orcented economy

用市场经济的理论来衡量有关贿赂罪的法律条文,显然,有些规定已不适合。首先,在市场经济条件下,国营、集体性质的企业及经济组织的工作人员,不宜作为受贿罪的主体;其次,受贿罪的客体要求决定了其主体只能是国家机关工作人员。所以对于国有、集体企业及其他经济组织的工作人员,利用其职务之便收受他人财物,并为他人谋取非法利益的行为,应以"非法得利罪"论处。

Using theories of market-oriented economy to measure the clauses in laws concerninng crimes of bribery,obviously,some clauses are not suitable to use.First of all,under the conditions of market-oriented economy, staff members of state-run and collectively owned enterprises and other econimic organizations are not suitable to be regarded as main bodies of crimes of bribery.Secondly,the demand of objects of crimes of bribery has determined that the main bldies can only be staff menbers of government organizations.Therefore,the staff members of state-owned and collectively owned enterprises and other economic organizations take opportunities to use their dutiles to accept others' money or property and gain unlawful interests or advantages for others, which should be judged as 'crimes of unlawfully gaining interests or advantages'.