受贿罪立法问题研究
张智辉受贿罪立法问题研究
Legislative Problems of Crime of Acceptation of Bribes
期刊名称：《法学研究》
期刊年份：
作者：张智辉
单位：最高人民检察院检察理论研究所
中文关键词：受贿罪;犯罪对象;数额;刑罚
英文关键词：Crime of acceptance of bribes;target of crime;a definite amount;penalty
中文摘要：
我国刑法关于受贿罪的立法，在立法思想上存在着矛盾，对受贿罪的犯罪对象规定的范围过窄，对受贿罪与行贿罪的关系处理不当，过分强调受贿数额对受贿罪法定刑的影响。这些问题在一定程度上影响了刑法在惩治贿赂犯罪方面功能作用的发挥，有必要从立法层面上研究解决。解决这些问题，既是有效地打击贿赂犯罪的需要，也是我国刑法与《联合国反腐败公约》相衔接的要求。
英文摘要：
There exist several problems in the legislation of crime of acceptance of bribes in Chinese Criminal Law. Firstly, there is contradiction in the thoughts which guide the legislation. On the one hand, it keeps on applying the penal policy of “strike-hard” on this crime and stipulates serious penalties like life sentence and death penalty so as to strengthen the work of combating corruption. On the other hand, the legislation provides strict restrictions on the constitution of this crime in order to prevent from widening the range of criminalization, as a result, quite a few briberies are not treated as crime and it is very difficult to investigate into criminal responsibility. This contradiction adds many barriers for works of combating corruption and provides opportunities for state officials to commit crime of bribery. Secondly, the scope of the target of this crime is too limited. It is necessary to broaden the scope to include property benefits, because the basic purposes of combating crime of bribery are to urge state officials to keep honest when exercising powers related to working responsibilities and to prevent public powers from being purchased. Not only money and things, but also other property benefits will make state officials lose honesty and seek illegal benefits when performing public powers. It provides opportunity for some people to evade being punished by law when the target of this crime is limited to money and things. Thirdly, the relationship between crime of giving bribes and crime of acceptance of bribes has not been properly handled. They are two mutual related crimes and have a close relationship. These two kinds of crimes depend on each other and interact as both cause and effect, so they should be combated at the same time. However, while Chinese Criminal Law stipulates strict constitution and serious penalties for crime of acceptance of bribes, it is suspected to loose control on crime of giving bribes. To settle this problem in the level of legislation is not only the request of combating crime of bribery, but also the request for Chinese Criminal Law to be in accordance with “United Nations Convention against Corruption”.
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