介绍贿赂罪的疑难问题研究

发布时间：2018-11-17 19:20

【摘要】：随着以习近平为核心的党中央加大反腐力度,行贿受贿案件呈现出新形式,介绍贿赂罪受案数量迅速上升,理论与实践之间的分歧不断加大,在处理不断复杂多样化的案情显得捉襟见肘。并且这种案件越来越向着隐蔽性的方向发展,贿赂犯罪在“贿赂中介”的表象下,逐渐呈现增长的趋势。什么是贿赂中介呢?就是在贿赂方和被贿赂方之间,通过中介人,以利益为基础,建立联系,各取所需。而中介人的加入,让本身就难以察觉的贿赂犯罪,查处变得愈发艰难,原因一方面在于三者之间趋于利益已形成某种联盟,另一方面在于交易形式的隐蔽。而随着我国这些年加大处理贿赂犯罪以及党中央贯彻苍蝇老虎一起猛打的反腐政策,激发了这一形式的贿赂犯罪,使得这几年以来贿赂犯罪呈现爆发式地增长,贿赂中介人的作用也更加显著。当然,我国在处理贿赂犯罪的立法上也做出了很多努力,比如刑法第三百九十二条,单独将贿赂犯罪列为独立罪名,侧面凸显了我国对这一犯罪的惩处决心,但是我国刑法体系中,贿赂犯罪本身难以形成体系,理论界对这一犯罪的研究不足,导致实务和理论界对这一犯罪缺乏清晰的认识,在定罪量刑、罪与非罪之间存在着诸多模糊的界定,加之其内在的隐蔽性,在司法实践中难以取得充足的证据。再就是由于介绍贿赂罪领域存在很多疑难问题尚未解决,司法机关在处理案件时为了避免引起争议,导致在处理与行贿、受贿罪共犯问题、“截贿”问题、斡旋贿赂问题时,往往会出现适用法律不当,不符合罪责刑相适应这一原则。笔者为了更好的对上述问题进行分析,本文将着重分析介绍贿赂罪与行贿、受贿罪的共犯之界限问题,具体阐释截贿的定性以及介绍贿赂罪与斡旋受贿罪之间的区别。希望能够更加科学的评价介绍贿赂罪以及解决定性不准的问题,从而更好的使罪责刑相适应基本原则得到体现以达到司法公正的目的。
[Abstract]:As the party Central Committee, with Xi Jinping as the core, has stepped up its anti-corruption efforts, bribery cases have taken on a new form. The number of bribery cases has risen rapidly, and the differences between theory and practice have been widening. In dealing with the increasingly complex diversity of cases appear to be overstretched. And this kind of case develops more and more in the direction of concealment, the bribery crime under the appearance of "bribery intermediary", presents the increasing trend gradually. What is a bribe broker? It is between the bribing party and the bribed party, through the intermediary, is based on the benefit, establishes the connection, obtains what each needs. The participation of intermediaries makes it more and more difficult to investigate and deal with the crime of bribery, which is difficult to detect. On the one hand, the interests of the three tend to form some kind of alliance, on the other hand, the form of transaction is hidden. And as our country has stepped up its handling of bribery crimes in recent years and the party Central Committee has carried out the anti-corruption policy of fighting against flies and tigers together, it has stimulated this form of bribery crime, which has caused a explosive increase in bribery crimes in the past few years. The role of bribery intermediaries is also more prominent. Of course, our country has also made a lot of efforts in dealing with the bribery crime legislation. For example, Article 392 of the Criminal Law singled out the bribery crime as an independent crime, which highlights the determination of our country to punish this crime. However, in the criminal law system of our country, the bribery crime itself is difficult to form a system, and the research on the crime in the theoretical circle is insufficient, which leads to the lack of a clear understanding of the crime in practice and theory, and the conviction and sentencing of the crime. There are many vague definitions between crime and non-crime, and it is difficult to obtain sufficient evidence in judicial practice. Moreover, because there are many difficult problems in the field of introducing bribery crimes, in order to avoid causing disputes when dealing with cases, the judicial organs have to deal with the problems of bribery, complicity in bribery, "interception of bribes", and mediation and bribery. Often there will be improper application of the law, which does not conform to the principle of crime, responsibility and punishment. In order to better analyze the above problems, this paper will focus on the introduction of bribery and bribery, bribery accomplices of the boundary problem, the specific interpretation of the nature of bribery and the introduction of bribery crime and the difference between the crime of mediation bribery. Hope to be able to more scientific evaluation of bribery crime and solve the problem of uncertainty, so as to better make the basic principles of crime and punishment to be reflected in order to achieve the purpose of judicial justice.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.392

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