论受贿罪的利益要件:以“为他人谋取利益”为中心的分析

在对受贿罪的利益要件的分析基础上,对于非公务活动中的单纯受贿行为在司法实践中应当定性为受贿罪;而对于为他人谋取不正当的利益和正当利益的问题,应区分不正当的利益之中的非法利益和不应得的合法利益;对为他人谋取利益的阶段问题分析后可以发现只要国家工作人员收受了财物,就可以认定为是受贿罪既遂。

On the Elements of the Interests of Accepting Bribes:The Analysis of Make Profits For Others as the Center

Based on the analysis of the interests of the elements of the crime of bribery,for non-official activities the simple bribery in the judicial practice should be characterized as taking bribes;we should distinguish illegal profits and the legitimate interests which should not be entitled to.After the analysis of the stage of problem of to seek benefits for others,we can find that as long as national staff received a property,it can be recognized as an accomplished taking bribes.