Analysis Of Accepting Bribes For Others To Seek Benefits "

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. From the law we can see that "obtaining advantages for others" is an essential condition of accepting type bribery crime. But the theory foundation of that and whether this essential condition is a subjective or an objective one are not clarified. So in academic circle the interpretations of that are different, or even opposite. Therefore there are considerable arguments. In recent years, corruption has become hot issue to Chinese people. Facing the growing situation of the crime, we must find ways to stop bribery. As an essential condition of accepting type bribery crime, "obtaining advantages for others" isn't stated clearly by law in understanding and applying it, and there is no detailed judicial explanation about it, which results in some difficulties in the legal fight against the crime in the Judiciary.This thesis consists of four parts. The first part is an explanation of "obtaining advantages for others". Its history in China and position is introduced by a comparative study on the history and current situation in different countries. The second part analyzes its nature and clarifies every theory's view. The third part discriminates it, makes it as a subjective condition and expounds it from three angles. Meanwhile, it puts forward from what angles we should understand "obtaining advantages" and how to treat the problem of the specific care issues. The fourth part lists two views of "obtaining advantages for others" in academic circle:affirmation and negation, and raises the author's point of view:the necessity of setting up this essential condition in accepting type bribery crime.To sum up, through the complete analysis of this condition, the reader can have a thorough understanding of it. The author sets forth her view of this controversy focus in academic circle and thinks that "obtaining advantages for others" is an essential condition in accepting type bribery crime, not in asking-for type bribery crime. It should be subjective condition of the crime. By thorough elaboration, her aim is to solve the confusions and contradictions in judicial practice, which makes the protection and punishment function of law come true. At the same time, it can improve the application level of legal theory.