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国家机关单位受贿罪刑事归责面临诸多困境,亟待消解。国家机关及其内设机构、部门能够成为单位受贿罪的犯罪主体毋庸置疑。单位受贿罪是国家机关自身的犯罪行为,该行为通过其直接负责的主管人员和其他直接责任人员实施并予以相应归责。当前,我国对国家机关单位受贿罪刑事归责乏力与虚置的现象并存,刑法立法上亟需对罚金刑的适用予以完善,同时在刑事司法实践中对国家机关单位受贿罪刑事归责予以不断优化,才能充分实现个案公平正义,逐步提升国家机关单位受贿罪刑事司法公信力。
The organs of state organs accepting bribes criminal responsibility faced with many difficulties, urgent solution. There is no doubt that the state organ and its internal agencies and departments can become the subject of the crime of accepting bribes. The crime of accepting bribes by a unit is a crime committed by a state organ itself. The act is implemented and correspondingly blamed by its directly responsible supervisors and other directly responsible personnel. At present, our country coexists with the phenomenon that the criminal responsibility of accepting bribes in state organs and units is impractical and fictitious. In the legislation of criminal law, the application of fine penalty is urgently needed to be perfected. At the same time, criminal responsibility of accepting bribes in state organs and units should be kept constant in criminal justice practice Only in this way can we fully realize the fairness and justice of individual cases and gradually increase the credibility of criminal justice in bribery cases taken by state organs and units.