受贿罪立法研究
发布时间：2019-01-23 11:00
【摘要】：受贿罪作为一种典型的职务犯罪,古今中外都非常重视对该种犯罪的惩处。 改革开放以来,随着我国社会经济的不断发展与进步,官员腐败问题层出不穷, 不仅给国家和人民财产造成巨大损失,也损害了党和政府在人民群众中的形象, 给正常的社会秩序带来恶劣影响。而与此相伴的却是法律制度的缺失和不完善, 受贿罪立法的不足之处逐渐暴露出来,导致虽有大批枉法官员受到惩处,但仍有 很多受贿行为因主体定性不明、受贿手段较为隐蔽而无法得到规制,使得受贿犯 罪的犯罪率一直居高不下,大量腐败分子规避法律漏洞、损害国家利益,同时被 追究法律责任的部分案件出现量刑差距过大等问题,刑法调整的社会效果不理 想,严重阻碍了我国建设法治社会的进程。以史为鉴,可以知兴替,通过研究我 国唐代律法,笔者认为其中有关于受贿犯罪的规定明确、详尽,对当时的社会而 言,可适用性很高,也取得了较好的实践效果。他山之石,可以攻玉,通过对日 本刑法受贿罪的研究,笔者发现其“罪名体系”的立法方面有一定科学之处,并 且二者与我国现代刑法在很多地方均有不同之处。笔者通过分析比较唐律、日本 刑法及我国现代刑法对受贿罪规定,主要从受贿罪犯罪主体的定性不明、犯罪客 观方面规定存在的几个缺陷、罪名与罪刑设置不合理这几个方面指出我国立法的 不合理之处,并借鉴唐律、日本刑法在这些方面的立法,为完善我国刑事立法、 解决司法实践困扰,提出粗浅建议。
[Abstract]:As a typical duty crime, the crime of accepting bribes attaches great importance to the punishment of this crime. Since the reform and opening up, with the continuous development and progress of our country's social economy, the problem of official corruption has emerged in endlessly, which not only caused huge losses to the property of the state and the people, but also damaged the image of the party and the government among the masses of the people. Have a bad effect on normal social order. However, this is accompanied by the lack and imperfection of the legal system, and the shortcomings of the legislation on the crime of accepting bribes are gradually exposed, which leads to the punishment of a large number of officials who pervert the law, but there are still many acts of bribery that are unclear because of the nature of the subject. Bribery means are more concealed and unable to be regulated, which makes the crime rate of bribery crime remain high. A large number of corrupt elements avoid legal loopholes and harm the national interests. At the same time, some cases which are investigated for legal responsibility have some problems such as too big sentencing gap, and the social effect of the adjustment of criminal law is ignored, which seriously hinders the process of building a society ruled by law in our country. Taking history as a mirror, we can learn from history. By studying the law of the Tang Dynasty in our country, the author believes that there are clear and detailed provisions on the crime of bribery, which are highly applicable to the society at that time. Good practical results have also been achieved. Through the research on the crime of accepting bribes in Japanese criminal law, the author finds that there are some scientific aspects in the legislation of his "charge system", and the two are different from our modern criminal law in many places. By analyzing and comparing the provisions of Tang Law, Japanese Criminal Law and China's Modern Criminal Law on the crime of accepting bribes, the author mainly analyzes the defects in the definition of the subject of the crime of accepting bribes and the view of the criminal. In order to perfect the criminal legislation and solve the problems of judicial practice, the author points out the unreasonable aspects of the crime and the setting of the crime and punishment, and draws lessons from the legislation of Tang Law and the Japanese Criminal Law in these aspects, in order to perfect the criminal legislation of our country and solve the problems in the judicial practice. Put forward some superficial suggestions.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.392
本文编号：2413721
[Abstract]:As a typical duty crime, the crime of accepting bribes attaches great importance to the punishment of this crime. Since the reform and opening up, with the continuous development and progress of our country's social economy, the problem of official corruption has emerged in endlessly, which not only caused huge losses to the property of the state and the people, but also damaged the image of the party and the government among the masses of the people. Have a bad effect on normal social order. However, this is accompanied by the lack and imperfection of the legal system, and the shortcomings of the legislation on the crime of accepting bribes are gradually exposed, which leads to the punishment of a large number of officials who pervert the law, but there are still many acts of bribery that are unclear because of the nature of the subject. Bribery means are more concealed and unable to be regulated, which makes the crime rate of bribery crime remain high. A large number of corrupt elements avoid legal loopholes and harm the national interests. At the same time, some cases which are investigated for legal responsibility have some problems such as too big sentencing gap, and the social effect of the adjustment of criminal law is ignored, which seriously hinders the process of building a society ruled by law in our country. Taking history as a mirror, we can learn from history. By studying the law of the Tang Dynasty in our country, the author believes that there are clear and detailed provisions on the crime of bribery, which are highly applicable to the society at that time. Good practical results have also been achieved. Through the research on the crime of accepting bribes in Japanese criminal law, the author finds that there are some scientific aspects in the legislation of his "charge system", and the two are different from our modern criminal law in many places. By analyzing and comparing the provisions of Tang Law, Japanese Criminal Law and China's Modern Criminal Law on the crime of accepting bribes, the author mainly analyzes the defects in the definition of the subject of the crime of accepting bribes and the view of the criminal. In order to perfect the criminal legislation and solve the problems of judicial practice, the author points out the unreasonable aspects of the crime and the setting of the crime and punishment, and draws lessons from the legislation of Tang Law and the Japanese Criminal Law in these aspects, in order to perfect the criminal legislation of our country and solve the problems in the judicial practice. Put forward some superficial suggestions.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.392
【参考文献】
相关期刊论文 前9条
1 李洁;;日本受贿罪立法及对我国的借鉴价值[J];北方法学;2007年01期
2 梁文彩;;论我国贿赂犯罪刑事立法的完善[J];甘肃科技;2009年20期
3 王晋;;我国新闻工作的公务性质不应否定——论记者可以构成受贿罪主体[J];青年记者;2009年07期
4 李洁;受贿罪法条解释与评析[J];河南省政法管理干部学院学报;2003年05期
5 孙国祥;;论刑法中的国家工作人员[J];人民检察;2013年11期
6 王毓明;;唐代惩治经济犯罪的立法与实践[J];上海政法学院学报;2006年01期
7 储槐植;;完善贿赂罪立法——兼论“罪刑系列”的立法方法[J];中国法学;1992年05期
8 河南省人民检察院课题组;渎职犯罪主体研究[J];国家检察官学院学报;2002年05期
9 高玉玲;;“医药回扣”问题的刑法学审视[J];中国卫生事业管理;2007年11期
，本文编号：2413721
本文链接：https://www.wllwen.com/falvlunwen/xingfalunwen/2413721.html
