试论商业受贿罪主体之拓展

On the Range Expansion of the Main Bodies of Commercial Bribery Crime in Legislation

现行刑法对商业受贿罪主体之规定存在缺陷,不利于遏制商业贿赂现象的滋生和蔓延,因此立法上拓展该罪的主体范围实为必要。本文就国有公司、企业中从事公务的人员或受国有单位委派到非国有公司、企业中从事公务的人员受贿的法律适用问题,非公司、企业人员受贿问题,单位受贿和单位法人格否认后的刑事责任承担问题以及国家工作人员的商业受贿问题略陈管见,以推动刑事立法的完善。

There exist defects in the definition of the main bodies of commercial bribery crime, which makes it hard to contain the growth and extension of commercial bribery, so it is necessary to expand the range of the main bodies in legislation. The author discusses the appliance of law on bribees who are engaged in public affairs in state-owned companies and enterprises as well as those who are appointed to execute public affairs in non-state-owned companies and enterprises by state-owned ones. He also discusses the accept-bribes problem of the people who do not work in companies or enterprises, the bribery crime taken by a unit and who will assume the criminal liability after the disregard of corporate personality and the coroanercial bribery crime of state personnel in order to help the perfection of criminal legislation.