介紹賄賂罪的疑難問題研究
發(fā)布時間：2018-11-17 19:20
【摘要】：隨著以習(xí)近平為核心的黨中央加大反腐力度,行賄受賄案件呈現(xiàn)出新形式,介紹賄賂罪受案數(shù)量迅速上升,理論與實踐之間的分歧不斷加大,在處理不斷復(fù)雜多樣化的案情顯得捉襟見肘。并且這種案件越來越向著隱蔽性的方向發(fā)展,賄賂犯罪在“賄賂中介”的表象下,逐漸呈現(xiàn)增長的趨勢。什么是賄賂中介呢?就是在賄賂方和被賄賂方之間,通過中介人,以利益為基礎(chǔ),建立聯(lián)系,各取所需。而中介人的加入,讓本身就難以察覺的賄賂犯罪,查處變得愈發(fā)艱難,原因一方面在于三者之間趨于利益已形成某種聯(lián)盟,另一方面在于交易形式的隱蔽。而隨著我國這些年加大處理賄賂犯罪以及黨中央貫徹蒼蠅老虎一起猛打的反腐政策,激發(fā)了這一形式的賄賂犯罪,使得這幾年以來賄賂犯罪呈現(xiàn)爆發(fā)式地增長,賄賂中介人的作用也更加顯著。當(dāng)然,我國在處理賄賂犯罪的立法上也做出了很多努力,比如刑法第三百九十二條,單獨將賄賂犯罪列為獨立罪名,側(cè)面凸顯了我國對這一犯罪的懲處決心,但是我國刑法體系中,賄賂犯罪本身難以形成體系,理論界對這一犯罪的研究不足,導(dǎo)致實務(wù)和理論界對這一犯罪缺乏清晰的認識,在定罪量刑、罪與非罪之間存在著諸多模糊的界定,加之其內(nèi)在的隱蔽性,在司法實踐中難以取得充足的證據(jù)。再就是由于介紹賄賂罪領(lǐng)域存在很多疑難問題尚未解決,司法機關(guān)在處理案件時為了避免引起爭議,導(dǎo)致在處理與行賄、受賄罪共犯問題、“截賄”問題、斡旋賄賂問題時,往往會出現(xiàn)適用法律不當(dāng),不符合罪責(zé)刑相適應(yīng)這一原則。筆者為了更好的對上述問題進行分析,本文將著重分析介紹賄賂罪與行賄、受賄罪的共犯之界限問題,具體闡釋截賄的定性以及介紹賄賂罪與斡旋受賄罪之間的區(qū)別。希望能夠更加科學(xué)的評價介紹賄賂罪以及解決定性不準的問題,從而更好的使罪責(zé)刑相適應(yīng)基本原則得到體現(xiàn)以達到司法公正的目的。
[Abstract]:As the party Central Committee, with Xi Jinping as the core, has stepped up its anti-corruption efforts, bribery cases have taken on a new form. The number of bribery cases has risen rapidly, and the differences between theory and practice have been widening. In dealing with the increasingly complex diversity of cases appear to be overstretched. And this kind of case develops more and more in the direction of concealment, the bribery crime under the appearance of "bribery intermediary", presents the increasing trend gradually. What is a bribe broker? It is between the bribing party and the bribed party, through the intermediary, is based on the benefit, establishes the connection, obtains what each needs. The participation of intermediaries makes it more and more difficult to investigate and deal with the crime of bribery, which is difficult to detect. On the one hand, the interests of the three tend to form some kind of alliance, on the other hand, the form of transaction is hidden. And as our country has stepped up its handling of bribery crimes in recent years and the party Central Committee has carried out the anti-corruption policy of fighting against flies and tigers together, it has stimulated this form of bribery crime, which has caused a explosive increase in bribery crimes in the past few years. The role of bribery intermediaries is also more prominent. Of course, our country has also made a lot of efforts in dealing with the bribery crime legislation. For example, Article 392 of the Criminal Law singled out the bribery crime as an independent crime, which highlights the determination of our country to punish this crime. However, in the criminal law system of our country, the bribery crime itself is difficult to form a system, and the research on the crime in the theoretical circle is insufficient, which leads to the lack of a clear understanding of the crime in practice and theory, and the conviction and sentencing of the crime. There are many vague definitions between crime and non-crime, and it is difficult to obtain sufficient evidence in judicial practice. Moreover, because there are many difficult problems in the field of introducing bribery crimes, in order to avoid causing disputes when dealing with cases, the judicial organs have to deal with the problems of bribery, complicity in bribery, "interception of bribes", and mediation and bribery. Often there will be improper application of the law, which does not conform to the principle of crime, responsibility and punishment. In order to better analyze the above problems, this paper will focus on the introduction of bribery and bribery, bribery accomplices of the boundary problem, the specific interpretation of the nature of bribery and the introduction of bribery crime and the difference between the crime of mediation bribery. Hope to be able to more scientific evaluation of bribery crime and solve the problem of uncertainty, so as to better make the basic principles of crime and punishment to be reflected in order to achieve the purpose of judicial justice.
【學(xué)位授予單位】：遼寧大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D924.392
本文編號：2338808
[Abstract]:As the party Central Committee, with Xi Jinping as the core, has stepped up its anti-corruption efforts, bribery cases have taken on a new form. The number of bribery cases has risen rapidly, and the differences between theory and practice have been widening. In dealing with the increasingly complex diversity of cases appear to be overstretched. And this kind of case develops more and more in the direction of concealment, the bribery crime under the appearance of "bribery intermediary", presents the increasing trend gradually. What is a bribe broker? It is between the bribing party and the bribed party, through the intermediary, is based on the benefit, establishes the connection, obtains what each needs. The participation of intermediaries makes it more and more difficult to investigate and deal with the crime of bribery, which is difficult to detect. On the one hand, the interests of the three tend to form some kind of alliance, on the other hand, the form of transaction is hidden. And as our country has stepped up its handling of bribery crimes in recent years and the party Central Committee has carried out the anti-corruption policy of fighting against flies and tigers together, it has stimulated this form of bribery crime, which has caused a explosive increase in bribery crimes in the past few years. The role of bribery intermediaries is also more prominent. Of course, our country has also made a lot of efforts in dealing with the bribery crime legislation. For example, Article 392 of the Criminal Law singled out the bribery crime as an independent crime, which highlights the determination of our country to punish this crime. However, in the criminal law system of our country, the bribery crime itself is difficult to form a system, and the research on the crime in the theoretical circle is insufficient, which leads to the lack of a clear understanding of the crime in practice and theory, and the conviction and sentencing of the crime. There are many vague definitions between crime and non-crime, and it is difficult to obtain sufficient evidence in judicial practice. Moreover, because there are many difficult problems in the field of introducing bribery crimes, in order to avoid causing disputes when dealing with cases, the judicial organs have to deal with the problems of bribery, complicity in bribery, "interception of bribes", and mediation and bribery. Often there will be improper application of the law, which does not conform to the principle of crime, responsibility and punishment. In order to better analyze the above problems, this paper will focus on the introduction of bribery and bribery, bribery accomplices of the boundary problem, the specific interpretation of the nature of bribery and the introduction of bribery crime and the difference between the crime of mediation bribery. Hope to be able to more scientific evaluation of bribery crime and solve the problem of uncertainty, so as to better make the basic principles of crime and punishment to be reflected in order to achieve the purpose of judicial justice.
【學(xué)位授予單位】：遼寧大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D924.392
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