实体法与程序法视野中的受贿罪追诉——足球裁判受贿若干法律问题研究

The accusation of the crime of bribery in the vision of the substantive law and the procedure law——A study on the crime of bribery of the umpires in the soccer games

司法是否介入足球裁判受贿事件 ,涉及到刑事实体法和程序法的适用。新刑法实行相对主义罪刑法定 ,给司法留有合理“空间”。中国足协是体育法赋予了一定的行政管理职能的社会团体 ,受足协委托从事公务的足球裁判受贿可以按刑法规定的国家工作人员受贿罪论处 ,这不违反罪刑法定原则。行贿俱乐部主动的揭发 ,受贿裁判的忏悔供认 ,为追诉犯罪提供了重大线索 ,已经符合刑事诉讼法关于立案的条件和标准。法律不要求举报人在立案时提供全部确实充分的定案证据。

The issue of whether the judicature should intervene in the case of bribery of the umpires in the soccer games involves the applications of both the criminal law and the criminal procedure law.The new criminal law puts into effect relatively the principle of legal prescription of crime and sentences,retaining rational'room'for the judicature.As the Chinese Soccer Association has been given some executive functions by the Sports Law,the bribery of the umpires appointed by the Association should be considered as the bribery by the public servant.This is not against the statutory principle.The exposure by the soccer clubs,as well as the confession of the umpires,has provided important clues for accusing the crime.According to the Criminal Procedure Law,it has accorded with the demands of case-filing.After all,it is not required by the law that the person who reports the case must provide all the necessary evidence at the stage of case-filing.