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受贿罪在我国是倍受关注的一种犯罪。虽然近年来的反腐败工作不断取得成果,但是整体上受贿犯罪并没有下降的趋势。究其原因,与《刑法》中受贿罪“为他人谋取利益”这一要件的存在有一定关系,该要件不能体现受贿犯罪的真正客体,并且为司法实践增加了极大的难度,一定程度上轻纵了该类犯罪。本文将对“为他人谋取利益”要件进行评析,并阐述了从刑法条文中取消该要件的合理性。
Bribery in our country is a crime of much concern. Although anti-corruption work has achieved continuous success in recent years, there has been no downward trend in the crime of bribery as a whole. The reason is related to the existence of the essential element of bribery “seeking benefits for others ” in the Criminal Law, which can not reflect the true object of bribery crime and adds great difficulty to the judicial practice. To the extent that the type of crime is light. This essay will make an analysis of the essentials of “seeking benefits for others,” and expounds the rationality of removing the requirement from the criminal law provisions.