论受贿罪中“为他人谋取利益”要件

在收受型受贿罪中设置为他人谋取利益的要件具有现实的必要性。"为他人谋取利益"要件应归属于主观方面,属于犯罪目的。在司法实践中认定该要件应从"他人"、"谋取"、"利益"等几个方面加以把握。     

跳出贪污罪主体和客体双向背离的逻辑怪圈--论贪污罪主体应当重新界定

认为我国刑法中贪污罪的立法规定存在主体和客体的逻辑矛盾,因为,我国的犯罪构成是一种耦合式的平面结构,主体和客体之间在逻辑上相互规定.为跳出这一逻辑误区,应对贪污罪的主体范围重新加以界定.     

Remembering A Reformer

正Commemorating China’s chief architect of reform and opening up inspires latest revisions As a teenager,Zhang Weiying,now a prominent economist and former Dean of the Guanghua School of Management at Peking University,thought he could be nothing more than a farmer like his illiterate parents.In an article written in memory of the year he was admitted to college,Zhang,born in 1959,noted that he spent the first 19 years of life in his hometown,a remote village in China’s northwest Shaanxi Province.As someone     

Winter Flings

正Summer flings.Those summer days of fun under the sun,careless and worryfree,drifting away into those breezy summer nights. It's a concept somewhat romanticized by the media but still pretty common in Western societies,and seemingly other cultures infiltrated by Western media.One can only imagine my surprise when my friend told me there were such things as winter flings too. That's right,winter flings.Strange as it seems, this was introduced to me by a friend from Toronto,a city on the east coast of Canada.     

“Learning Mandarin Can Be Humbling”

正CHINESE is not an impossible language to learn,but the process certainly has its hurdles.German-Austrian Andreas Laimboeck is one person with plenty of stories to share about it."Sometimes it is really humiliating,"he said.Once,after four months of fulltime Chinese study,Laimboeck tried to     

11/112.0

正It was the night of November 10 and the moment I’d been waiting exactly a year for was fast approaching.At the stroke of 12,my actions would determine whether all that careful planning in the two weeks prior had been worth it.Come midnight,the madness that is China’s annual November 11 sales would be unleashed.November 11 is Singles Day in China,the     

Every Bag Counts

正Plastic. In these petroleum-based times, you can’t live with it, and you can’t live without it. Since this magical substance, with its plethora of manifestations, controls our city-dwelling lives to such a mas-sive degree, it pays to sit back and remember our day-to-day environmental responsibilities     

关于"见死不救"的两个刑法问题

把公序良俗和社会公德所要求履行的某些作为义务即重大道德义务视为不作为犯罪的作为义务,这种作法在国外已有立法先例.虽然目前我国尚无此类立法,但在实战中,司法机关也通常适用不作为犯罪理论来 裁判"见死不救"行为,在理论上,学者们对此已有所认同.鉴于此,完全有必要通过具体的刑事立法来调整"见死不救"行为,而不仅仅是笼统地"借用"犯罪理论来规制此类日渐严重的社会现象.