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在国家惩治腐败的高压态势下,传统的较为明显的行受贿犯罪行为逐渐被隐蔽性更强的犯罪手段所取代,虽然司法解释也在不断地跟进以更好地与社会的发展变化相契合,但法律的滞后性决定了有些行为游离于法律明确规定的边缘地带,造成法律适用的模棱两可,给司法实践带来困难。“合作投资型”的行受贿犯罪手段在司法解释中虽有涉及,但依然不完善,文章主要分析具有实际出资情节的“合作投资”行为是否构成行受贿犯罪,以期为司法实践提供些许参考。
Under the high pressure of corruption in the country, the traditional obvious crime of accepting bribes is gradually replaced by criminals with more concealed secrets. Although judicial interpretation is constantly being followed to better conform with the development and changes in society However, the lag of law determines that some behaviors are separated from the marginal areas that the law clearly stipulates, which makes the law applicable ambiguous and brings difficulties to the judicial practice. Although the means of joint bribery and crime of accepting bribes involved in the judicial interpretation are still not perfect, the article mainly analyzes whether the “cooperative investment” behavior with the actual funded part constitutes a crime of accepting bribes, with a view to judicial practice Provide a little reference.