受贿罪既遂标准研究

索取型受贿和收受型受贿在具体犯罪构成要件上的差异,导致了二者犯罪既遂认定标准的不同。应当以阶段行为说作为受贿罪既遂认定标准,即在收受型受贿中,以行为人取得他人贿赂行为作为犯罪既遂认定标准,而在索取型受贿中,则以行为人向他人索取贿赂行为的完成作为犯罪既遂的认定标准。

A Study on Accomplishment Criteria in Crime of Bribery

The difference between constitutive components of type of asking for bribes and that of accepting bribes results in the fact that accomplishment criteria of them are different. The theory about phase behavior can be regarded as accomplishment criteria in crime of bribery. In specific, as for type of accepting bribes, a behavior that a person gets bribes from others can be regarded as accomplishment criteria, while in crime of asking for bribes, a completed behavior that a person asks for bribes from others can be considered as accomplishment criteria.