商业受贿罪的客观构成要件是一个颇具争议的问题。
The objective point of crime of commercial bribery is the contentious problem.
而商业受贿犯罪的主观要素的复杂性则恰恰具有这一鲜明特点。
However the complexity of subjective factor about the crime of bribery in business exactly has a evident characteristic like this.
行为人实施商业受贿行为，首先表现为利用职务上的便利，没利用职务上的便利不构成商业受贿罪。
The perpetrator of the implementation of commercial bribery, the first performance for the use of his position to not use his position and does not constitute a commercial crime of accepting bribes.
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