怎样界定受贿与正常馈赠How to define bribery and normal gifts
1、从双方的关系看，双方是同学、同乡、亲友及其他私人关系，还是有利害关系的当事人与主管人的关系。正常馈赠一般发生在有密切关系的个人之间，这种密切关系往往由来已久，且在馈赠发生之后仍保持和发展这种关系;而贿赂则是发生在有利害关系的当事人与主管人之间，双方的利害关系是由于国家工作人员的特定身份而临时产生，且随贿赂目的得逞后而逐渐淡化。
2、从行为的动机来看，正常馈赠是行为人基于亲情、友情而无偿将财物送与他人;而贿赂则是行贿人为使他人利用职务之便为自已谋取利益而将财物给予他人，
3、从行为的方式来看，正常馈赠一般是公开进行，为他人知悉;而贿赂则总是秘密进行，行为的双方都采取各种手段掩盖、隐匿、毁灭可能被查获的罪证。
4、从行为的时间上看，馈赠发生的时间一般确定;而贿赂则必然发生在行贿人有求受贿人利用职务为其谋取利益之时。
5、从行为的标的物来看，正常馈赠的财物一般为私人财物;而用以贿赂的财物，既可能是国家、集体的，也可能是私人的，且标的物价值一般较大。
1. From the perspective of the relationship between both parties, is it a personal relationship between classmates, fellow townspeople, family and friends, or a relationship between parties with interests and supervisors. Normal gifts generally occur between individuals with close relationships, which often have a long history and continue to develop after the gift is given; Bribery, on the other hand, occurs between parties with interests and supervisors. The interests of both parties are temporarily generated due to the specific identity of state officials, and gradually fade away as the purpose of bribery is achieved.
2. From the perspective of behavioral motivation, a normal gift is when the actor gives property to others without compensation based on family and friendship; Bribery, on the other hand, refers to the act of giving money or property to others in order to make them use their position for personal gain,
3. From the perspective of behavior, normal gifts are generally made public and known to others; Bribery, on the other hand, is always carried out in secret, with both parties taking various measures to conceal, conceal, and destroy evidence that may be seized.
4. From the perspective of behavior time, the time when gifts occur is generally determined; Bribery, on the other hand, inevitably occurs when the briber seeks to use their position for their own benefit.
5. From the perspective of the subject matter of behavior, normally gifted property is generally personal property; The property used for bribery may be either national, collective, or personal, and the value of the subject matter is generally high.