On "Securing Benefits For Another" Involved In The Crime Of Acceptance Of Bribes

Market economy,corruption in emerging trading power for money,the perpetrators of crime is also diverse,more and more inclined to privacy.And accepting bribes in the first 385, "to seek benefits for others" requirement did not identify,in both theory and practice of confusion and controversy exist.This is not conducive to the fight against corruption,to play a penalty of purpose and function.In this paper,by analyzing the significance of a more typical case,the elements found in the existence of benefits in order to get to the root Summary of the case through the paper first,to draw the focus of a controversial three:(1) the interest element should belong to the composition of the elements of the crime of accepting bribes;(2) the interests of the controversial elements of the properties;(3) the interests of the identified elements.Whether or not the elements on the benefits of taking bribes belong to the identified elements,the author through the analysis of the Penal Code section 385,proposed by the present theory,the three questions for this doctrine,be determined by the compromise,said that accepting bribes to obtain a non-type elements of the crime,but it is not obtained from the type of the elements of crime.And by analyzing the actual situation in this case,come to the case in full compliance with the non-request-based type of bribe-taking conclusion.Elements of interest that the property,I put forward the opinion the existing three:the subjective element that the objective elements of that commitment that come under the existing criminal law,an undertaking that it should adopt the conclusions and the actual situation in this case by analyzing the obtained in this case are in fact a court of opinion in accordance with the undertaking that decision,but the verdict of the court has written "subjective element" of the errors.Elements of interest that,in this article have been identified based on earlier promises that the point of view,to draw interest in judicial practice elements that should be in accordance with the promise of that view,have the commitment to determine whether the object of the act of commitment,commitment to the contents of the three aspects carried out. And by analyzing the specific circumstances of the case,I support the court's view that a court ruling on this point is correct,the reason is appropriate.Finally,I think,because of the commitment that is also on the theory and practice can not be resolved there is a lot of questions,so the elements should be the abolition of benefits, the abolition of the benefits of taking bribes in the Elements.