中国受贿罪的立法历程考察

Studying on Accepting Bribes: A Perspective of Legislative Process

受贿罪是中国贪污贿赂犯罪中一个十分重要的罪名。考察新中国成立以来至《刑法修正案(九)》公布的刑事立法发展轨迹,可以看出,受贿罪是从贪污罪中分离出来,逐步形成自己的犯罪构成体系,并日趋完善的。纵观整个立法历程,凸显出受贿罪内部和外部两个方面的变化。内部变化表现为:行为方式向多样化发展、犯罪主体从身份论向职务论转变、犯罪对象的内容由财物扩大到财产性利益、确立数额+情节的双重成罪标准以及加重刑罚处罚力度。外部变化表现为:整个贿赂犯罪罪名体系逐步完善,形成严密的法网,同时加大对行贿犯罪的处罚力度。立法机关适时地修正和补充受贿罪,基本适应经济的发展和反腐的需求,但仍有不足之处需继续改进。

The crime of accepting bribes is a very important part in the system of bribery and corruption offences in China. The trace of criminal legislation from the year 1949 till the promulgation of the 9th Amendment to the Criminal Law suggests that accepting bribes,as an independent crime,is separated from the crime of corruption,and formed its own system rapidly. There are two different trends during this process： the change of accepting bribes crime itself and the change of the whole bribery crime system. The change of itself includes： the increasingly diversified of conduct; the subject of crime is changing from‘whether he is a public servant＇to‘what he did is related to public administration or not＇; the scope of bribes expands from physical property to interests of property;both the amount of the bribes and the other circumstance of the offence are becoming the consideration of confirming the crime; The punishment to the crime is becoming more and more severe. The change of bribery crime system includes： the system of bribery crime is supplemented; the punishment to the bribery crime is becoming more complete. On the other hand,the punishment to offering bribes is becoming more severe. The State Legislature＇s timely amending the crime of accepting bribes basically meets the need of the economic development and state＇s anti-corruption movement,despite they can do more.