《联合国反腐败公约》视野下的受贿罪

受贿罪是我国刑法中的一个重点罪名,也是刑事司法实践中一种多发性的腐败犯罪。本文以受贿罪的犯罪构成为线索,以《联合国反腐败公约》为视角,提出刑法规定应该扩大我国受贿罪犯罪主体的范围,扩大"贿赂"的范围,取消"为他人谋取利益"这一犯罪构成要件。

The Crime of Bribery under the Treaty of United Nations' Convention of Anti-corruption

The crime of bribery is a more important crime in China's criminal law,as well as a frequently-occurring crime of corruption in justice practice.Taking the crime constitution of bribery as a clue and from the angle of view of "the Treaty of United Nations'Convention of Anti-corruption",this article proposed that our criminal law should expand the scope of bribery subject and bribery,and delete the important document of crime constitution of "seeks the benefit for the other people".