浅论犯罪性的变化性与犯罪化的阶段性——兼谈我国自然人一般受贿罪刑事政策

On the Changes of Crime Properties and the Phases of Criminalization——Criminal Policy On the Popular Bribery Committed by Natural Persons in China

我国目前自然人一般受贿罪屡禁不止、多发易发、数额巨大,犯罪形势十分严峻,司法机关处理有明显轻缓化表现,这些情况促使人们对行为的犯罪性和犯罪化问题进行深入而又现实的思考,从而揭示出犯罪性具有变化性、犯罪化具有阶段性这一相对应的刑事政策学命题,为我们预防和遏制自然人一般受贿罪提供积极的指导。

The frequent popular bribery committed by the natural persons cannot be prohibited at present in China, as it committed, and the amount of the popular bribery is very large and the crime＇s position is austere. There exist ethereal and relaxative behavior during the course of judicial organs＇ disposing the popular bribery, and such a state compels us to deeply and realistically think about the crimes＇properties and criminalization of the persons＇ action. The author intends to uncover the proposition of the criminal policy, that if the crimes＇ properties change, the criminalization changes for the moment as well. It is hoped that this provide us with active instruction to prevent the popular bribery and keep it within limits.