公司、企业人员受贿罪新探

法学界对公司、企业人员受贿罪的概念表述不尽相同 ,且不够完整准确。本罪在客观方面的表现应为两种行为方式 :索取他人财物 ,非法收受他人财物 ;三个必备条件 :利用职务上的便利 ,为他人谋取利益 ,数额较大。建议填补公司、企业中的非国家工作人员间接受贿的立法空白 ;完善司法解释 ,以确定本罪之数额较大、数额巨大的具体标准

Recent probe into companies' and enterprises' personnel's acceptance of bribes

In the circle of the science of law there exists different, incomplete and inexact definitions of the concept of companies' and enterprises' personnel's acceptance of bribes. This crime is objectively marked by two behavior patterns: extort other people's money and goods and illegally accept other people's money and goods; three essential conditions: obtain protit for others by taking advantage of one's post and the amount of money concerned is quite large. This paper suggests that the legislative gap of the acceptance of bribes among companies' and enterprises' non state personnel be filled and judicial explanations be perfected to fix the exact standard of this crime's amount's being quite large and its being enormous.