Discuss "to Seek Benefits For Others" In Bribery Crime

In the 1997 criminal law code, the first section of 385th article is that National staff to facilitate the use of his position to obtain property of others, or illegally accept other people's property, seek benefits for others are taking bribes. From this definition of bribery, we can see elements of interest is the recipient of China's current criminal law of bribery necessary type elements, however, while Chinese criminal law of the interests of bribery were clearly defined, but still the elements of criminal law field there is a big controversy.The amendment Seven has been passed by the commission of People's Republic of China in Feb 28th,2009.For the perfection of our criminal law on crimes of bribes, we should have a good research.This view of the thesis is accordant with the basic principles and legal rules. The author intends to solve the arguments on this element, and makes the related rules be more reasonable. The element will take an important role in punishment of crime of accepting bribes, and the punishment of bribery with "to seek benefits for others" element should be more important than the general conduct of bribery. At the same time the legal punishment of seeking illegitimate benefits for others should be serious than seeking legitimate interests for others to make crime and punishment sui. So we can attack the accepting bribe sternly according with the criminal law theory and the international legisletive mainstream at the same time.