商业受贿罪主体拓展的论理分析——以国家工作人员的界定为视角

商业受贿罪在我国刑法史上,经历了从无到有,逐渐从受贿罪中分离出来,并趋于逐步完善的过程.刑法第93条将国有公司、企业中从事公务的人员以及受国有公司、企业委派到非国有公司、企业中从事公务的人员列入国家工作人员的范围,实属不当.这些人员构成受贿的,应按照商业受贿罪定罪处罚,即使是国家机关工作人员,如果被委派到国有公司、企业或者其他单位,只要从事的是商业活动,有受贿行为的,同样应按照商业受贿罪论处.

The Analysis on the Expansion of the Main Bodies of Commercial Bribery Crime

In the history of China's Criminal Law, commercial bribery crimes experienced from scratch and gradually separated from the crime of accepting bribes,and tends to gradually improve.Article 93 of state-owned companies, enterprises, as well as personnel engaged in official business by state-owne companies.Non-state-owned enterprises appointed to the company personnel engaged in official business enterprises included in the scope of work that is inappropriate.They constitute bribery, the crime should be convicted and punished according to commercial bribery, even working in state organs.If appointed to state-owned companies, enterprises or other unit, so long as they are engaged in business activities,rather than official,bribery,the same should be in accordance with commercial bribery.