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【摘要】国家工作人员利用本人职权或者地位形成的便利条件,通过其他国家工作人员职务上的行为,为请托人谋取不正当利益,索取请托人财物或者收取请托人财物的,以受贿论处。”这就是...
【摘要】国家工作人员利用本人职权或者地位形成的便利条件,通过其他国家工作人员职务上的行为,为请托人谋取不正当利益,索取请托人财物或者收取请托人财物的,以受贿论处。”这就是我国刑法理论上所说的斡旋受贿。刑法第388条斡旋受贿罪与刑法第385条规定的一般受贿,其具有二个特点:一是行为主体利用的是“本人职权或者地位形成的便利条件”,是通过其他国家工作人员职务上的行为为请托人谋利;二是为请托人谋取的利益必须是不正当的利益,为请托人谋取正当利益的不构成犯罪。在司法实践中,最突出的问题是如何理解“利用本人职权或者地位形成的便利条件”以及“为请托人谋取不正当利益”。
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【abstract】National staff to use my position of authority or the formation of favorable conditions in other countries through the behavior of the staff of his position, as trustees to seek illegitimate interests, obtain or collect property as trustees of property as trustees, to be punished bribery. "This is the good offices of the Criminal Law said bribery theory. Penal Code Article 388 of the good offices of taking bribes and Article 385 of the Criminal Code the general bribery, which has two characteristics: First, actors use the" terms of reference or the status of the formation of I facilities "
Other countries through the behavior of the staff of his position as trustees profit; Second, as trustees to seek the interest of the interest must be improper, as trustees to seek legitimate interests do not constitute a crime. In judicial practice, the most prominent question is how to understand the "use my authority or status to facilitate the formation of conditions" and "as trustees to seek illegitimate interests."
Other countries through the behavior of the staff of his position as trustees profit; Second, as trustees to seek the interest of the interest must be improper, as trustees to seek legitimate interests do not constitute a crime. In judicial practice, the most prominent question is how to understand the "use my authority or status to facilitate the formation of conditions" and "as trustees to seek illegitimate interests."
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Abstract of national staff to use my authority or status to facilitate the formation of the conditions of other countries through the behavior of the staff of his position, as trustees to seek illegitimate interests, obtain or collect property as trustees of property as trustees, to be punished bribery. "This is the good offices of the Criminal Law said bribery theory. Penal Code Article 388 of the good offices of taking bribes and Article 385 of the Criminal Code the general bribery, which has two characteristics: First, actors use the" terms of reference or the status of the formation of I facilities "by other countries on the behavior of the staff positions as trustees profit; second as trustees to seek the interests of the interests must be improper, as trustees to seek legitimate interests do not constitute a crime. in judicial practice The most prominent question is how to understand the "use my authority or status to facilitate the formation of conditions" and "as trustees to seek illegitimate interests."
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