A Study On "Seek Interests For Others" In The Bribery Crime

According to the first paragraph of article 385 of current criminal law of our country, national staff members commit the Bribery Crime if they took advantage of post to receive others'property illegally and seek the interests for others.So the receiving type Bribery Crime must have important document of "seek interests for others".But because the different understanding of this establishment demand of "seek interests for others" in theory circle and judicial circle, the determining of the nature of act accepting bribe and the unify of legal system are influenced directly. At the same time,this fact fetter the trick of the judicial authority,indulde the criminal.Combining the question and contradiction meted in the judicial practice,I propose the query about "seeks the interests for others"as the element of the Bribery Crime. On the system and structure this text is divided into four parts together besides foreword:Chapter 1 describes a few questions related to the "seek interests for others". The first part, talking about the identification of the "seek interests for others". The second part makes a more detailed sort of China's legislative history and foreign legislation about " seek interests for others" in the Bribery Crime. The third part analyzes the crime count issue, and explores whether the "seek interests for others" act should be combinedly punished, and the nature of the related existing legal provisions.Chapter 2 analyzes storing or wasting battle about "seek interests for others" as the important element in the Bribery Crime of our country,and there mainly are two kinds of views "theory of cancelling" and "theory of keeping".Chapter 3 focuses on the author's view as "retention theory" and "Cancel theory" are of truth in both positions, and the author gives a review of them respectively. Then, this part explains the position of "seek interests for others" in the accepting bribes, that is, or as sentencing plot of bribery or multiple crime of bribery depending on the circumstances.Chapter 4 puts forward some legislative proposals about the crime of accepting bribes from the "seek interests for others" issue point, elaborates how to deal with the characterization of the act after canceling "seek interests for others," draws lessons from the most foreign countries'legislative example about the Bribery Crime, and propose to cancel "seek interests for others"as the composition of the Bribe Crime. We should regard "seek interests for others" as measurement of penalty plot of the Bribery Crime, the legal punishment with this plot should be serious than the general act of bribe crime.At the same time the legal punnishment of seeking illegitimate benefits for others should be more serious than seeking legtimate interests for others to make crime and punnishment sui.So we can attack the act of accepting bribe sternly according with the criminal law theory and the international legislative mainstream at the same time. Finally the text tells the issues should be noted after the abolition of the "seek interests for others".