论亲属共同受贿故意之推定认定

On the presumption of the common bribery intetion of relatives

推定是证明的一种重要的辅助性方法。建立亲属共同受贿故意的推定规则是解决亲属共同受贿故意难以证明的有效路径。该规则的内容至少应当包括适用范围的特定性、适用条件的限定性与适用结论的可反驳性三个方面。

The presumption is an important auxiliary method to prove. Establishing the presumption rules of the common bribery intention of relatives is a valid path to solve the problems that common bribery intention of relatives is difficult to prove. The contents of the rules should include at least three aspects, such as the specific nature of the scope of application, the restrictive conditions of application and the conclusions of the application can be refuted.