居间受贿犯罪定性与数额问题研究

On the Conviction and Determine of Amount of Intermediate Bribery Crimes

居间受贿犯罪,是通过各种方式勾通、引荐、撮合行贿和受贿犯罪顺利实现的新型贿赂犯罪。居间受贿人原则上应成立受贿罪的共犯,但也存在成立(斡旋)受贿罪、利用影响力受贿罪及介绍贿赂罪的余地。受贿额数是"客观的超过要素",不需要行为人具有明知和容认,只要有预见可能性即可。只有这样解释,才能帮助司法者减轻不必要的证明责任。

Intermediate bribery crimes is a new type of bribery successfully achieved through means of communication between bribery and corruption.A intermediate bribe generally constitutes an accomplice in bribery,while there is also a possibility that a intermediate bribe constitutes another crime such as mediation bribery,taking bribes through the influence and introduction of bribery.The amount of the number of bribery,without knowing just to have the possibility of understanding,is the objective excess factor.Only in this way explain to help the judiciary to reduce the unnecessary burden of proof.