受贿罪若干问题新探

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归属院系：

刑事侦查学院

作者：

董淑娟

导师：

黄开诚

导师单位：

刑事侦查学院

学位：

硕士

语种：

中文

关键词：

受贿罪;犯罪客体;犯罪客观方面

摘要：

反腐倡廉是构建和谐社会的重要保障。受贿是腐败的主要表现，是一 种对社会危害极大的犯罪形式，它不但直接侵害国家的正常公务活动，滥 用国家所赋予公务人员的职权，还是引发各种重大社会问题的诱因之一。 目前来看，受贿罪是危害我们整个社会和谐稳定的一个重要因素。鉴于受 贿罪的巨大危害，我国逐渐加大了对受贿罪的打击力度。在这种情况之下， 司法实践中对于受贿罪的正确认定和处罚具有重要意义。由于受贿罪的复 杂性和特殊性，司法机关在查处受贿犯罪过程中遇到了各种各样的疑难问 题，对此，刑法理论界和实务界都进行了大量有益的探索。但是，在受贿 罪的若干重大理论问题上仍然存在许多分歧，所以本文试图结合自己在司 法实务中积累的有关经验就受贿罪的有关问题进行分析，以图对受贿罪的 在司法实践中正确认定起到一定的帮助。 本文结构总共分为四章：第一章通过结合案例分析对受贿与斡旋受贿 的区别作阐述，主要从辨析“职务上的便利”与“职权或者地位形成的便 利条件”和正确认定“不正当利益”两个方面入手。第二章分析了受贿罪 中贿赂的范围，主要就当前比较热门的性贿赂和业绩贿赂等非物质性利益 能否成为受贿罪的贿赂作了分析，并提出了自己的观点。第三章，对“为 他人谋取利益”在受贿罪中的地位及有无设置必要作了探讨。第四章，作 者就司法实践当中经常出现的两个问题进行分析，这两个问题分别是：受 贿和接受馈赠之间的关系以及受贿和借贷之间的关系。 腐败问题的源头在制度，只有完善制度才能从根本上遏制腐败，因为 腐败的核心是运用公共权利来谋利，而公共权力的赋予和运用是通过制度 来实现的。我国正处于社会的转型时期，这也是职务犯罪的高发时期和社 会矛盾表现比较激烈的时期，世界各国遏制腐败的过程为我们提供良好的 经验，对此我们需要不断的借鉴相关经验，在结合自身情况的前提下不断 完善我们的反腐败立法。

学科：

侦查学

提交日期：

2025-12-03

引用参考：

董淑娟. 受贿罪若干问题新探[D]. 西南政法大学,2008.

全文附件授权许可：

知识共享许可协议-署名

  • dc.title
  • 受贿罪若干问题新探
  • dc.contributor.schoolno
  • 04334120100322
  • dc.contributor.author
  • 董淑娟
  • dc.contributor.affiliation
  • 刑事侦查学院
  • dc.contributor.degree
  • 硕士
  • dc.contributor.childdegree
  • 法律硕士
  • dc.contributor.degreeConferringInstitution
  • 西南政法大学
  • dc.identifier.year
  • 2008
  • dc.contributor.advisor
  • 黄开诚
  • dc.contributor.advisorAffiliation
  • 刑事侦查学院
  • dc.language.iso
  • 中文
  • dc.subject
  • 受贿罪 ;犯罪客体;犯罪客观方面
  • dc.subject
  • the crime of bribery;the object of crime;the objective aspect of crime
  • dc.description.abstract
  • 反腐倡廉是构建和谐社会的重要保障。受贿是腐败的主要表现，是一 种对社会危害极大的犯罪形式，它不但直接侵害国家的正常公务活动，滥 用国家所赋予公务人员的职权，还是引发各种重大社会问题的诱因之一。 目前来看，受贿罪是危害我们整个社会和谐稳定的一个重要因素。鉴于受 贿罪的巨大危害，我国逐渐加大了对受贿罪的打击力度。在这种情况之下， 司法实践中对于受贿罪的正确认定和处罚具有重要意义。由于受贿罪的复 杂性和特殊性，司法机关在查处受贿犯罪过程中遇到了各种各样的疑难问 题，对此，刑法理论界和实务界都进行了大量有益的探索。但是，在受贿 罪的若干重大理论问题上仍然存在许多分歧，所以本文试图结合自己在司 法实务中积累的有关经验就受贿罪的有关问题进行分析，以图对受贿罪的 在司法实践中正确认定起到一定的帮助。 本文结构总共分为四章：第一章通过结合案例分析对受贿与斡旋受贿 的区别作阐述，主要从辨析“职务上的便利”与“职权或者地位形成的便 利条件”和正确认定“不正当利益”两个方面入手。第二章分析了受贿罪 中贿赂的范围，主要就当前比较热门的性贿赂和业绩贿赂等非物质性利益 能否成为受贿罪的贿赂作了分析，并提出了自己的观点。第三章，对“为 他人谋取利益”在受贿罪中的地位及有无设置必要作了探讨。第四章，作 者就司法实践当中经常出现的两个问题进行分析，这两个问题分别是：受 贿和接受馈赠之间的关系以及受贿和借贷之间的关系。 腐败问题的源头在制度，只有完善制度才能从根本上遏制腐败，因为 腐败的核心是运用公共权利来谋利，而公共权力的赋予和运用是通过制度 来实现的。我国正处于社会的转型时期，这也是职务犯罪的高发时期和社 会矛盾表现比较激烈的时期，世界各国遏制腐败的过程为我们提供良好的 经验，对此我们需要不断的借鉴相关经验，在结合自身情况的前提下不断 完善我们的反腐败立法。
  • dc.description.abstract
  • To combat corruptions and build a clean government is the significant safeguard for the construction of the harmony society. And the crime of bribery is the major phenomenon of corruptions that is a crime formation with the heinous danger to the society, which not only infracts the common public affairs of the state directly but also abuses the enfranchise powers to the state officials and becomes one of the inducements of various kinds of serious social problems. As so far the crime of bribery is the magnificent factor that jeopardizes the harmony and the stability of the whole society. Since the great disadvantages of this crime China has made the overwhelming striking on the bribery gradually. So under this circumstance the correct identification and punishments of these briberies in judicial practices embody an important meaning. As the complication and particularity of the crime, a great many puzzles met in the investigation and prosecution of the judicial authorities was appeared and the academia and practical areas all made a large quantity of beneficial researches and studies. However the great diversities in the major issues about the crime of bribery still exist in this spot so this dissertation would gives an analysis about the concerning questions over this crime and helps to establish the correct identification of the crime in judicial practices base on the author’s judicial experiences in the legal practices and affairs. So the whole text would be divided into four chapters which are including the following frames. The Chapter One is manly distinguish the differences between the two aspects that are the “conveniences of duties” and “advantageous conditions grounded on the occupation and duty” with the correct identification of the “improper benefits” through the elaboration on the sampling case that is made a line front the bribery and introducing bribery. And the Chapter Two is talking about the bribery ranges in the crime of bribery which focuses on the current hot issues such as the sexual bribery, the achievements bribery and other non-material bribery and raises the topic on the question of guilty or not with the author’s own opinions. Furthermore, the Chapter Three makes the necessary discussion on the issues about the “forTo combat corruptions and build a clean government is the significant safeguard for the construction of the harmony society. And the crime of bribery is the major phenomenon of corruptions that is a crime formation with the heinous danger to the society, which not only infracts the common public affairs of the state directly but also abuses the enfranchise powers to the state officials and becomes one of the inducements of various kinds of serious social problems. As so far the crime of bribery is the magnificent factor that jeopardizes the harmony and the stability of the whole society. Since the great disadvantages of this crime China has made the overwhelming striking on the bribery gradually. So under this circumstance the correct identification and punishments of these briberies in judicial practices embody an important meaning. As the complication and particularity of the crime, a great many puzzles met in the investigation and prosecution of the judicial authorities was appeared and the academia and practical areas all made a large quantity of beneficial researches and studies. However the great diversities in the major issues about the crime of bribery still exist in this spot so this dissertation would gives an analysis about the concerning questions over this crime and helps to establish the correct identification of the crime in judicial practices base on the author’s judicial experiences in the legal practices and affairs. So the whole text would be divided into four chapters which are including the following frames. The Chapter One is manly distinguish the differences between the two aspects that are the “conveniences of duties” and “advantageous conditions grounded on the occupation and duty” with the correct identification of the “improper benefits” through the elaboration on the sampling case that is made a line front the bribery and introducing bribery. And the Chapter Two is talking about the bribery ranges in the crime of bribery which focuses on the current hot issues such as the sexual bribery, the achievements bribery and other non-material bribery and raises the topic on the question of guilty or not with the author’s own opinions. Furthermore, the Chapter Three makes the necessary discussion on the issues about the “forTo combat corruptions and build a clean government is the significant safeguard for the construction of the harmony society. And the crime of bribery is the major phenomenon of corruptions that is a crime formation with the heinous danger to the society, which not only infracts the common public affairs of the state directly but also abuses the enfranchise powers to the state officials and becomes one of the inducements of various kinds of serious social problems. As so far the crime of bribery is the magnificent factor that jeopardizes the harmony and the stability of the whole society. Since the great disadvantages of this crime China has made the overwhelming striking on the bribery gradually. So under this circumstance the correct identification and punishments of these briberies in judicial practices embody an important meaning. As the complication and particularity of the crime, a great many puzzles met in the investigation and prosecution of the judicial authorities was appeared and the academia and practical areas all made a large quantity of beneficial researches and studies. However the great diversities in the major issues about the crime of bribery still exist in this spot so this dissertation would gives an analysis about the concerning questions over this crime and helps to establish the correct identification of the crime in judicial practices base on the author’s judicial experiences in the legal practices and affairs. So the whole text would be divided into four chapters which are including the following frames. The Chapter One is manly distinguish the differences between the two aspects that are the “conveniences of duties” and “advantageous conditions grounded on the occupation and duty” with the correct identification of the “improper benefits” through the elaboration on the sampling case that is made a line front the bribery and introducing bribery. And the Chapter Two is talking about the bribery ranges in the crime of bribery which focuses on the current hot issues such as the sexual bribery, the achievements bribery and other non-material bribery and raises the topic on the question of guilty or not with the author’s own opinions. Furthermore, the Chapter Three makes the necessary discussion on the issues about the “forTo combat corruptions and build a clean government is the significant safeguard for the construction of the harmony society. And the crime of bribery is the major phenomenon of corruptions that is a crime formation with the heinous danger to the society, which not only infracts the common public affairs of the state directly but also abuses the enfranchise powers to the state officials and becomes one of the inducements of various kinds of serious social problems. As so far the crime of bribery is the magnificent factor that jeopardizes the harmony and the stability of the whole society. Since the great disadvantages of this crime China has made the overwhelming striking on the bribery gradually. So under this circumstance the correct identification and punishments of these briberies in judicial practices embody an important meaning. As the complication and particularity of the crime, a great many puzzles met in the investigation and prosecution of the judicial authorities was appeared and the academia and practical areas all made a large quantity of beneficial researches and studies. However the great diversities in the major issues about the crime of bribery still exist in this spot so this dissertation would gives an analysis about the concerning questions over this crime and helps to establish the correct identification of the crime in judicial practices base on the author’s judicial experiences in the legal practices and affairs. So the whole text would be divided into four chapters which are including the following frames. The Chapter One is manly distinguish the differences between the two aspects that are the “conveniences of duties” and “advantageous conditions grounded on the occupation and duty” with the correct identification of the “improper benefits” through the elaboration on the sampling case that is made a line front the bribery and introducing bribery. And the Chapter Two is talking about the bribery ranges in the crime of bribery which focuses on the current hot issues such as the sexual bribery, the achievements bribery and other non-material bribery and raises the topic on the question of guilty or not with the author’s own opinions. Furthermore, the Chapter Three makes the necessary discussion on the issues about the “forothers’ benefits” and the necessity for this legislated establishment. Lastly the Chapter Four that the author exams two questions which are often appeared in judicial practices that are the relationship between the bribery and the receives and the relationship between the bribery and the debits and credits. The abyss of the corruptions is the system that only the improvements of the system could restrict the corruptions radically as the core of the corruptions is to swallow the benefits by the misusing of the public powers which are empowered and operated by the system. As the current time of social transformation in China, it is also the time of the high-rated in the crimes of the state officials and the more furious moment of the social contradictions. And the processes of the containments on the corruptions around the world provide the educational experiences so that we need to take these regarding experiences as the references continuously and to improve the law of corruptions based on the current situations as the preconditions.
  • dc.date.issued
  • 2025-12-03
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