论受贿罪共犯的认定

Analysis of the Determination of Participant in a Bribery Crime

对国家工作人员唆使非国家工作人员收受财物的案件如何定性,理论界有不同的观点,司法实践中分歧颇多。将此类案件定为共同受贿罪的观点,对我国当前受贿罪共犯的认定有所帮助。

As to the nature of the case that governmental staff abets no governmental staff to accept property, there are different opinions in theory and in practice. This article displays and analyzes the different theoretical views on such action, meanwhile pays more attention to demonstrate how to recognize such action as accepting property that governmental staff abet no governmental staff, at last author believes such action should be determined the bribery crime based on accomplice.