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受贿犯罪,作为腐败犯罪的基本类型,一直以来都备受关注。近年来随着受贿犯罪主体范围的不断扩大,手段的复杂多变,我国也是相继出台了《刑法修正案(六)》、《刑法修正案(七)》、等一系列相关法律文件,在罪名体系的设置、受贿范围的界定方面均有相当大的调整。本文旨在通过将我国现行法律中关于受贿方面的法规与《联合国反腐败公约》中的相关法条从犯罪构成要件角度进行比较,进而对于立法例的完善提出一定见解。
Bribery crime, as the basic type of corruption crime, has always been of great concern. In recent years, with the continuous expansion of the scope of the main body of bribery and the complicated and changeable means, a series of relevant legal documents such as the Amendment to the Criminal Law (VI) and the Amendment to the Criminal Law (VII) have also been published in our country. System settings, the scope of bribery have a considerable adjustment. The purpose of this paper is to compare the laws and regulations on bribery in the current law of our country with the relevant laws and regulations in the UN Convention against Corruption from the perspectives of the constitutional elements of crimes and to put forward some suggestions on how to perfect the legislation.