On Cancellation Of Trying To Obtain Advantages For Others In Bribery Crime

In the 1997 criminal law code, the first section of 385th article is that the civil servant who utilizes his authority to ask for bribes, or accept bribes and try to obtain advantages makes up bribery crime. It is definitely regulated by law that trying to obtain advantages for others is a prerequisite of accepting type bribery crime although the arguments about the character of this item have never stopped in academic circles. In recent years, the situation of bribery crime has greatly changed, the criminal become more and more ferocious, the means of committing become more and more cunning. This regulation of law impedes the punishment to criminal, many criminal can flee away from criminal law. Facing the various contradictions in judicial practice, the arguments about this item become sharper in academic circles. The first part of the thesis analyzes the position and cause of the item. On basis of this part, the second part has a comment on the affirmation-arguments from classic legislation angle, legal article semantics angle, behavior characteristic angle, bribery crime essence angle, penalty goal angle and criminal law net angle. In this part, the author raises her ask for explanation. Base on the analysis above, the author gave her conclusion: trying to obtain advantages for others should be cancelled. The third part demonstrates the influence of the concealment.The view of the thesis is accordant with the basic theory and basic principles. The author intends to solve the contradictions which exist in other arguments, and make the article of bribery more reasonable. Meanwhile, in this thesis, the behavior of disobeying the duty and the behavior of abiding by the duty is distinguished, which will reinforce the feasibility in judicial practice. Meanwhile, the author's suggestion makes the distinguish standard of accomplished offense and attempted clear, also makes the function of protection and punishment of law come true.