摘要： 我国刑法在贿赂罪中规定了利用影响力受贿罪和介绍贿赂罪，这从一个侧面表明我国刑法采取的是单一正犯体系，因而应从单一正犯的视角来看贿赂罪中的共同犯罪问题。按单一正犯的解释论，能避免出现区分正犯与共犯的体制带来的对受贿罪的共同参与者处罚轻重失当、对受贿罪的教唆未遂无法定罪处罚以及对有国家工作人员身份者教唆无此身份者实施受贿罪难以准确定性的问题；还能更好地解决特定关系人与国家工作人员共同受贿的定性以及介绍贿赂罪与行贿罪、受贿罪共犯的区分等疑难问题。

关键词: 单一正犯, 共同犯罪, 贿赂罪, 受贿罪, 介绍贿赂罪

Abstract: The crimes of“taking bribe by influence”and“introducing bribe”in Chinese Criminal Law indicate that what China has adopted is the unitary principal offender system. As a result, perspective of unitary principal offender should be taken to view the issues of joint crime in bribery. According to interpretative theory of unitary principal offender, several predicaments caused by differentiation between principal and accomplice can be avoided. Such as improper punishment to joint participants in crime of taking bribe, incapable of convicting and punishing the attempted instigation in taking bribe, and difficulties in exactly confirming the nature of action in which people with the identity of state functionary instigate those who are not to take bribe. In addition, problems like the nature of jointly taking bribe by state officials and special related person, as well as discrimination between introducing bribe and accomplice in crimes of offering or taking bribes can also be better resolved.

Key words: Unitary Principal Offender, Joint Crime, Crime of Bribery, Crime of bribe, Crime of Introducing Bribe