关于受贿罪几个问题的分析

Some thoughts on the bribery

受贿罪在我国刑法理论及司法实践中有很多问题都存在着争议。受贿罪的客体应当是国家工作人员职务行为的廉洁性。受贿罪的犯罪对象应当包括财物之外的财产性利益。客观方面为他人谋取利益必须是为请托人谋取具体特定的利益。如果行为人虽然承诺或者已经为他人谋利益,但尚未收受到贿赂,那么应该认定为未遂。

In the theatrical and practical aspects about Chinese criminal law, there are lots of controversies on the topic about bribery crime. The object of bribery crime is the probity of the officers in government. And in objective aspect, the criminal should make benefits for the person who requests him to do so. If the criminal have made promise to others, or made benefits for others already, however he has not accepted bribery, the behavior of the criminal should be sentence to abortive bribery.