“以物易物”新型受贿若干疑难问题探讨

Discussing Several Difficult Problems on New Bribery of "Barter"

近年来,国家工作人员为了规避法律的制裁,掩盖赤裸裸的权钱交易行为,采用了更为隐蔽的方法和手段,特别是以低价值房屋、汽车等物品置换高价值房屋、汽车等物品更是国家工作人员收受财物的新动向。对于这种"以物易物"的行为应该如何定性,如何计算置换房屋的具体数额以及如何认定"以物易物"这种新型受贿犯罪的既遂与未遂,不管是理论还是实践均显得格外的迫切和重要。

In recent years, the national staff, in order to avoid being punished by law and conceal the naked act of trading power for money, use more subtle ways and means, particularly in low-value housing, automotive replacement of high-value items such as housing, cars and other items, which is the new trend of accepting property by national staff. How this kind of ＂barter＂ behavior should be characterized, how to calculate the specific amount of replacement housing, as well as how to recognize this new crime of bribery such as ＂barter＂ to be accomplished or attempted crime, are urgent and important no matter in theory or practice.