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近年来,知情型受贿开始大量涌现。由于反腐工作力度的加大迫使部分受到威慑的腐败官员改头换面,他们一改过去自己直接受贿的方式,转由让其特定关系人或其他人利用自己的公职之便收受贿赂。此类案件中,由于公职人员躲在幕后操作的方式极为隐蔽,加之涉及的刑法理论和适用问题也较为复杂,所以往往难以使其得到有效的法律制裁。其中,国家工作人员是否知情以及其知情的具体情况,是其成立贿赂犯罪与否的一个关键问题。此外,赃物的分配处理情况也在刑事责任认定当中起着举足轻重的作用。
In recent years, informed bribery began to emerge in large numbers. As the anti-corruption efforts have forced some of the deterrent corrupt officials to change their face, they have instead resorted to their own direct bribery by accepting bribes by letting their particular associates or others use their public office. In such cases, since the ways in which public officials are hiding behind the scenes are very subtle and the criminal theory and applicable issues involved are also complicated, it is often difficult to obtain effective legal sanctions. Among them, whether or not the state staff is informed and the specific circumstances of their knowledge is a key issue for whether or not they commit bribery crimes. In addition, the disposal of stolen goods also plays a decisive role in criminal liability.