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在继续深入推进改革开放和发展市场经济的当代中国,腐败问题一直是国人关注的焦点、我国刑法打击的重点。而作为腐败典型表现形式之一的受贿犯罪,在当前社会转型期并未得到有效遏制,且有多发之势。陈同海特大受贿案的发生,更引起人们对受贿犯罪的广泛关注和深刻反思。本文拟以陈同海受贿案的争议焦点问题为视角,展开对受贿罪的死刑适用、“为他人谋取利益”是否是受贿罪的必备构成要件以及如何看待实践中经常出现的行贿人污点证人等问题的具体分析,提出取消受贿罪中“为他人谋取利益”要件、逐步构建行贿人污点证人制度等观点。
In contemporary China, which continues to push forward the reform and opening up and the market economy, the issue of corruption has always been the focus of attention of the people and the focus of criminal law in our country. As one of the typical manifestations of corruption, bribery crimes have not been effectively contained in the current social transformation period, and there is a tendency of multiple occurrences. Chen Tonghai case of major bribery, but also cause widespread concern and profound reflection on the crime of bribery. This article intends to take the case of Chen Tonghai bribery controversial issues as the angle of view, to carry out the application of the death penalty for bribery, “for others ” is an essential component of accepting bribes and how to treat the practice of frequent bribery stain witness And other issues of the specific analysis, put forward the abolition of bribery “for others ” elements, and gradually build a bribery stain witness system and other points of view.