论受贿罪的着手

On the Commencement of Bribery Crimes

有关实行行为着手的认定,主要有主观说、客观说、折中说的理论对立。诸多学说中,结合目的分析的实质客观说更具合理性。我国受贿罪着手标准有立足于形式客观说、折中说以及复合行为的多种理论,这些理论都以"开始收受财物"作为认定受贿罪着手的核心。基于对既有受贿罪着手标准的问题分析,结合实质客观说与受贿罪的保护法益,应当以行为人知道或应当知道受贿合意业已达成作为受贿罪的着手。

The identification of the commencement of practical behaviors mainly involves the subjective,objective and eclectic theories. Among many doctrines,the substantive objective theory combined with objective analysis is more reasonable. The standards of commencement of bribery crimes in China have a variety of theories that are based on objective forms,eclectic theories and compound behaviors. These theories are centered on the concept of ＂starting receiving property＂as the commencement of bribery crimes. Based on the analysis of the problems of the existing theories of commencement of bribery crimes,combining the substantive objective theory with the legal interests of bribery,we should use the theory that perpetrator knows or should have known that bribery has been agreed to be accepted as the commencement of bribery crimes.