当前受贿罪司法认定的几个疑难问题探讨

发布时间：2018-05-07 20:05

本文选题：受贿罪 + 司法认定　；参考：《西南政法大学》2015年硕士论文

【摘要】：我国有关受贿罪的立法最早见于《夏书》,至今已经有4000多年的历史,历史的积淀并没有使认定受贿罪这一工作变得容易。时代的变迁,社会的发展,人性的变化,受贿罪长新。当今社会,人们在对受贿罪的法律规定熟悉的基础上,通过各种手段改变受贿罪的形态,使受贿犯罪呈现出主体复杂、条件含混、形态多样以及性质难辨等新特点。面对如此新情况,笔者认为有必要重新对司法实践中认定受贿罪时表现出来的疑难问题进行再研究。本文,笔者从理论着手结合案例研究了几个受贿罪的疑难问题,并得出了自己的判断与结论。十八届四中全会公报指出,我国要建设中国特色社会主义法治体系,要建设社会主义法治国家。“党的领导”是全面构建和建成中国式法治社会的保障,“坚定不移反对腐败”是保持我党廉洁性的必然,也是确保我党员队伍能胜任历史新任务的必然。近年来,各级检察院加大了反腐倡廉的力度,查处了一批社会影响力大、行政级别高的腐败官员,充分展现了党和国家惩治腐败的决心,但受贿犯罪由于其具有掩蔽性、且方式多样,依旧伴随着公权力的运行而挥之不去。理论研究的目的就是指导实践,克服实践中的某些困境,更快更好的受贿犯罪理论成果在某种程度上可以缓解受贿犯罪法律滞后带来的不良结果。当前,受贿犯罪中权钱交易模式表现出许多新的特点,对于新的问题理论界和实践界都有许多不同的意见,本文研究了司法认定中受贿罪的几个疑难问题并提出了相关结论,从实践中提出问题、在理论中寻找答案,问题的针对性更强,结论的操作性更好,希望可以对打击受贿犯罪起到一定的作用。
[Abstract]:The legislation on the crime of accepting bribes in our country was first found in the book of summer and has a history of more than 4000 years. The accumulation of history has not made it easy to identify the crime of accepting bribes. The change of times, the development of society, the change of human nature, the new crime of accepting bribes. Nowadays, on the basis of being familiar with the legal provisions of the crime of accepting bribes, people change the form of the crime of accepting bribes by various means, so that the crime of accepting bribes presents new characteristics such as complicated subject, ambiguous conditions, diverse forms and difficult to distinguish the nature of the crime of accepting bribes. In the face of such a new situation, I think it is necessary to re-study the difficult problems in the determination of bribery in judicial practice. In this paper, the author studies several difficult problems of bribery crime from theory and case, and draws his own judgment and conclusion. The communique of the fourth Plenary session of the 18th CPC Central Committee pointed out that China should build a socialist legal system with Chinese characteristics and a socialist country ruled by law. "the leadership of the Party" is the guarantee for the overall construction and construction of a Chinese-style society ruled by law, "unswervingly opposing corruption" is the necessity to maintain our Party's integrity, and is also the necessity to ensure that our party members can be qualified for the new tasks of history. In recent years, procuratorates at all levels have intensified their efforts in combating corruption and advocating clean government, and have investigated and dealt with a number of corrupt officials with great social influence and high administrative levels, which have fully demonstrated the determination of the party and the state to punish corruption, but the crime of taking bribes is because of its masking nature. And various ways, still accompanied by the operation of public power and lingering. The purpose of theoretical research is to guide practice, overcome some difficulties in practice, and better and faster theoretical results of bribery crime can alleviate the bad results brought about by the legal lag of bribery crime to some extent. At present, there are many new characteristics of power and money transaction mode in bribery crime. There are many different opinions on new problems in theory and practice. This paper studies several difficult problems of bribery crime in judicial cognizance and puts forward some relevant conclusions. Put forward the question from the practice, find the answer in the theory, the pertinence of the question is stronger, the maneuverability of the conclusion is better, hope can play a certain role in cracking down on the crime of taking bribes.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.392

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