《关于办理受贿刑事案件适用法律若干问题的意见》(以下简称《意见》)的出台使一些形式“合法”的民事交易行为被纳入刑事法的规制范畴,收受依民法规则并未为受贿人取得权属的财物被视为受贿,由此带来的理论问题是,司法解释的这些规定, The promulgation of Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Bribery (hereinafter referred to as “Opinions”) brought some forms of “legal” civil transactions into the regulatory scope of criminal law and the acceptance of them according to the rules of civil law was not taken as bribes People obtain the ownership of property is regarded as bribery, the resulting theoretical problem is that these provisions of judicial interpretation,