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渎职罪的发案特征之一便是窝案、串案现象突出,常与其他犯罪、尤其是贿赂犯罪交织在一起,使得贪赃型渎职罪的罪数问题成为渎职罪罪数研究中具有典型性、代表性的问题。在刑法第九章渎职罪的规定中,对贪赃型渎职罪罪数适用规则做出明文规定的,仅有第399条第4款。本文对贪赃型渎职罪罪数问题的研究,即以该款规定为研究起点和标本,通过个案分析,剖析了该款的内容要旨及其适用范围,主张该款规定的罪数规则仅适用于其自身。至于该款适用范围之外的其他贪赃型渎职罪的罪数问题,本文则分别从受贿罪中的“为他人谋取利益”和徇私型渎职罪中的“徇私”两个不同视角展开分析、论证,归纳得出“数罪并罚”的适用结论。
One of the characteristics of the crime of dereliction of duty is a litigation case. The phenomenon of collusion cases is prominent. It is often interwoven with other crimes, especially bribery crimes, so that the issue of the crime of corruption-type dereliction of duty has become typical in the study on the crime counts of dereliction of duty. Representative questions. In the provisions of Article 9 of the Criminal Law on the crime of dereliction of duty, there are only Article 399, paragraph 4, which stipulates the applicable rules for the crime of corruption-type dereliction of duty. This article studies the issue of the crime of corruption-type dereliction of duty, that is, the section provides as the starting point and the specimen, through the case analysis, analyzes the content of the section and its scope of application, arguing that the provisions of the crime rules apply only to Its own. As for the crimes of other types of malfeasance beyond the applicable scope of this section, this article separately analyzes the crime of malfeasance in the crime of bribery from the perspective of “seeking benefit for others” Expand the analysis, demonstration, concluded that “the number of crimes and punish ” applicable conclusion.