浅析特定关系人成立受贿共犯的认定困境

A Concise Analysis of the Predicament in Identifying the Bribery Accomplice Established through a Specific Relationship

摘要: 纵观最高人民法院近些年来发布的贪污贿赂犯罪指导案例，行为人与参与人之间特殊关系的复杂性成为阻碍司法工作人员侦办相关案件的首要问题。此类案件处理标准不一，难以精准打击特定关系人参与的受贿犯罪，无法实现彻底遏制腐败犯罪的目标。结合司法实践的经验与需求，文章力图详细阐述肯定说的合理性所在，同时以该说视角分析特定关系人成立受贿共犯中存在的特定关系人范围含糊、共谋的时间与方式不明晰、行为定性不统一等认定难题，并提出具有针对性的对策，以期特定关系人成立受贿共犯的认定问题能够获得高度发展。

Abstract: Looking at the guiding cases of corruption and bribery crimes issued by the Supreme People’s Court in recent years, the complexity of the special relationship between the perpetrator and the participant has become the primary problem that prevents the judicial staff from investigating related cases. The handling standards of such cases are different, and it is difficult to accurately crack down on bribery crimes involving specific parties, and it is impossible to achieve the goal of completely curbing corruption crimes. Combined with the experience and needs of judicial practice, this paper tries to elaborate on the rationality of the affirmation theory in detail. Meanwhile, from the perspective of this theory, it analyzes the identification problems existing in the establishment of bribery accomplices by specific related persons, such as the vague scope of specific related persons, unclear time and mode of collusion, and inconsistent behavior, and puts forward targeted countermeasures. It is expected that the problem of identifying the bribery accomplice established by a specific related person can be highly developed.