浅析行贿犯罪中“谋取不正当利益”要件
发布时间：2019-05-15 13:54
【摘要】：我国各次修订的《刑法》中都将"谋取不正当利益"作为行贿罪判定的必备条件,但其在主动行贿和被动行贿中所处的地位和作用不尽相同;根据司法实践经验,"谋取不正当利益"是主动行贿行为的主观要件,是被动行贿行为的客观要件;由此给司法实践带来了一定的困难,并引起了学术界刑法领域学者及司法机关内部关于其去留问题的讨论。在笔者看来,应区分主动行贿还是被动行贿采取不同的立场,在主动行贿中不应将"谋取不正当利益"作为必备条件。
[Abstract]:In each revised Criminal Law of our country, "seeking improper interests" is regarded as the necessary condition for judging the crime of bribery, but its position and function in active bribery and passive bribery are not the same. According to the experience of judicial practice, "seeking improper interests" is the subjective element of active bribery and the objective element of passive bribery. This has brought some difficulties to the judicial practice, and caused the academic scholars in the field of criminal law and the judicial organs to discuss its fate. In the author's view, we should take different positions between active bribery and passive bribery, and should not take "seeking improper interests" as a necessary condition in active bribery.
【作者单位】： 湘潭大学法学院;
【分类号】：D924.392
，
本文编号：2477550
[Abstract]:In each revised Criminal Law of our country, "seeking improper interests" is regarded as the necessary condition for judging the crime of bribery, but its position and function in active bribery and passive bribery are not the same. According to the experience of judicial practice, "seeking improper interests" is the subjective element of active bribery and the objective element of passive bribery. This has brought some difficulties to the judicial practice, and caused the academic scholars in the field of criminal law and the judicial organs to discuss its fate. In the author's view, we should take different positions between active bribery and passive bribery, and should not take "seeking improper interests" as a necessary condition in active bribery.
【作者单位】： 湘潭大学法学院;
【分类号】：D924.392
，
本文编号：2477550
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