Study Of "Securing Benefit For Another" In Crime Of Acceptance Bribes

The crime of bribe is one kind of typical crime by taking advantage of duty, is severely dangerous to the society,and is the emphasis that all nations of the world strike presently. As a provision of constitutive elements of the crime of bribe, "securing benefit for others" badly weakens the strike strength to the crime of bribe. The question of the localization of this provision of constitutive elements of the crime of bribe always is the bone of contention and research emphasis of the domestic theory circle and the judicial circle. As the understanding of the theory and the judicial circles to this stipulation is different, and the dispute is continual, so that the identical case may have the different results, it has harmed the dignity of our country. Thus, it is necessary to strengthen the research to the constitutive elements of " securing benefit for others " Therefore, in conjunction with the problems existing in the judicial practice, the article uses the criminal theories, adopts the methods of demonstration analysis, and analyses and demonstrates entirely the status of " securing benefit for others" in the constitutive elements of the crime of bribe through the following as the basic type of " securing benefit for others", the form of "take advantage of duty", the intention and object of the crime of bribe, the manifestations of bribe, criminal morphology, and then disclose the essential characters of the crime of bribe. Finally, the conclusion of the article is that " securing benefit for others" is the sentencing circumstance other than the constitutive element; therefore it shall be canceled from the constitutive elements. In the article, the research in the basic type of "securing benefit for others" and in several crimes of "securing benefit for others" committing by taking advantage of duty has the academic originality. The article has nearly 50,000 characters, and is divided into four chapters to elaborate. Presently content summary as follows:Chapter One sets forth the theory localization of "securing benefit for others" and includes two sections: Section One is on the gathering of different theories about "securing benefit for others ". This section narrates four viewpoints of affirmative theory, two viewpoints of the negative theory and the flaws stipulated about the crime of bribe in the present laws. Section Two is on the illiberal views of "securing benefit for others ". Section Two analyzes the flaw and insufficiency of each viewpoint with emphasis starting from the constitutive elements of the crime of bribe and staying at the point of crime strike, then demonstrates the defects of " securing benefit for others" in the constitutive elements of the crime of bribe through the following as the nature of the crime of bribe, the functions of criminal law enginery, the principle of prohibition of repeated appraisal to identical act and so on, and then puts forward that the provision of " securing benefit for others" shall be canceled from the constitutive elements.Chapter Two explains the types theory of " securing benefit for others" and consists of four sections. Section One is about the division of the type of long-term management and the type of short-term cash, points out that any bribe cannot separate with the actor's duty, the existence of two types arises from the resistance of both of the briber and the bribe to laws. Section Two is about the division of the type of duty promise and duty defection, defines and demonstrates their concepts and then points out the different social harm of the two types, the key factors confirming the social harm of the crime of bribe is the nature that the actor takes the advantage of duty to securing benefit for others, from this point, " securing benefit for others " only is a circumstance of the social harm of the crime of bribe. Section Three is about the types of the realized benefit and the unrealized benefit. Through the research in the degree realized " securing benefit for others ", the part discloses the severe harm and complexity, and the confirmation that the crime of bribe is accomplished or not, shall not take it as the standard whether the interest is realized or not. At the same time, this section also further explains that "securing benefit for others" is not the essential constitutive elements of the crime of bribe. Section Four is about the independent type and the partnership type. Through the demonstration to the independent type and the partnership type, we can have a scientific analysis to the reason of the production of the crime of bribe, disclose the rules of the crime of bribe, and correctly forecast the change rules and the tendency of the crime of bribe. It is very important to prevent to, strike and reduce the crime of bribe.Chapter Three sets forth the relationship theory of " securing benefit for others "and includes four sections. Section One is about the two types of " securing benefit for others "and " take advantage of duty ". Through the analysis and demonstration to the meaning, form and relation with the " securing benefit for others "of " take advantage of duty ", we think that " securing benefit for others " only is an important form that the actor takes advantage of duty, and belongs to a kind of " take advantage of duty ". Section Two elaborates the organic connection between the object of the crime of bribe and " securing benefit for others". Using the comparative analysis methods, integrating the Chinese and foreign criminal law theories to discuss the essence of the crime of bribe, it obtains the object of crime of bribe shall be "the probity, fairness of the duty and the duty behavior as well as the faith of the society to the duty and the duty behavior ". Then, it elaborates " securing benefit for others" is the important constituents of the object content of crime of bribe from the infringement forms and contents to the object of crime of bribe. Section Three is about the relation between " securing benefit for others" and the criminal intention of crime of bribe. It analyzes and demonstrates that the subject of crime of bribe only can be direct intention, then obtains that there is not any causal relation between the two in the criminal law. It belongs to the subjective intention content of crime of bribe. Section Four is about the manifestation of the " securing benefit for others" and the bribe behavior. And the bribe behavior manifestation. It analyzes the nature of "the gray income", defines the manifestation of bribe behavior, and obtains that " securing benefit for others" is the constitutive element of crime of bribe. It is the fundamental reasons of the bribe behavior and the renovation of the bribe method.Chapter Four sets forth "securing benefit for others" and the criminal morphology theory and includes two sections. Section One is about the type of "securing benefit for others" and the accomplished morphology of crime of bribe. Whether the receiving bribery or the demanding bribery, the key deciding the accomplished crime or criminal attempt of the crime of bribe is whether the actor exercises to receive or demand the bribe or not, other than whether the actor exercises the behavior of "securing benefit for others". Section Two is about " securing benefit for others" and the morphology of several crimes. It takes the cancellation of " securing benefit for others" as a landing point, and then analyzes and demonstrates. It neither form the law concurs us relation nor the imagination concurs us relation when the actor exercises the behavior of the " securing benefit for others" and violates the laws so as to constitute the other crime, but forms the implicated relation with the subjective appointment of crime of bribe.The conclusion is the final part of the article. It points out that the duty (or authority) is the prerequisite, which the crime of bribe establishes. It is the base that realizes the goals of the briber and the bribe. The duty and the bribe are two big inscapes, which are indispensable and inseparable mutually. The "securing benefit for others" is a circumstance given a heavier punishment other than the constitutive elements of the crime of bribe. The " securing illegal benefit for others" is a circumstance given a heavier punishment. The article proposes to consummate the legislation of the crime of the bribe.