受贿罪客观方面的理论解读与司法认定分析.pdfVIP

Abstract Bribery as one of the crimes by taking advantage of duty ，every country in the world pay much attention to it for its great damage to the society and its importance to the construction of a clean and honest administration. With the development of the society, this crime shows some new forms, which add the difficulties in the judicial practice. In order to strengthen the operability in the practice, it is necessary to do research deeply about this crime. This article introduces bribery from the angle of objective aspect, it criticizes the controversial problems in this aspect, and expresses the authors opinion to order the practice. This article is divided to six parts, they are: the summary of the objective aspect to bribery, interpret and cognizance the Tatbestand of taking advantage of duty, interpret and cognizance the Tatbestand of demanding or taking bribe from others, interpret and cognizance the Tatbestand of figuring for interests for others , interpret and cognizance the Tatbestand of mediating bribery conduct, interpret and cognizance of after taking bribe, details: Part one: this part begins with the legislation of the objective aspect, it introduces the regulations in different times, and the process of maturity. Then it introduces the related regulation abroad and the value for reference. Part two ：it proves the indispensability of this part by analysing the object of bribery. It proves that it is unnecessary to discriminate the sources of duty, it can be concluded by one sentence directly. Whether the duty belong to past or future, they both break the regulation about the bribery. Part three: this part discusses the demanding bribe from others and the taking bribe from others respectively. It explains the meaning of demanding and