Taking Bribes To "Seek Interests For Others" Elements To Keep Or Analysis

Taken the"To seek benefits for others" as a elements of the crime of bribery, its own problems has long been the theory of criminnal and practitioners on issues related to bribery focus of controversy .Criminal law "to seek benefits for others" as the receiving-type elements of the crime of bribery of judicial practice and legal theory to bring trouble.Currently on the "make profits for others"-type elements that should receive the main elements of the crime of bribery exist positive and negative, said two points of view. which is divided into subjective and objective,I am sure that were analyzed the subjective and objective, said that after that, whether subjective or objective that can not be solved, said, "to seek benefits for others"-type elements as accepting bribes Elements of theoretical differences, can not meet the objective of judicial practice and anti-corruptionchanges in the environment.I believe that "to seek benefits for others," this should be used as a sentencing, accepting the existing law as a type of elements of the crime of bribery is indeed wrong.Therefore, the article is based on the negative "to seek benefits for others," Elements of the status, analyze its problems in judicial practice, theoretical paradox, for the national integrity system hazards, adverse effects in society.Elements of the final value of the proposed waste purport hope that through the analysis of the case to legal theory and judicial practice of the benefit. This paper is divided into four partsThe first part describes the cause of action and the merits Lee defendant as a national staff in the Chinese New Year, and his father's funeral in accepting the fact that other large gifts.The second part summarizes the cases of controversy and the focus on the case.The focus of controversy in this case are: the defendant used his position to facilitate the acceptance of Lee others "gifts" did not seek benefits for others, it received "gifts" should be based on bribery, whether the amount of their gifts received from the total amount of bribes by in addition.The third part is the focus of dispute in this case involved the start point and a brief analysis.Focus on the dispute involved two kinds of controversial viewpoints and reasons for their positions.The fourth part is the conclusions and legal analysis section is the core of this article.This section finally concluded that the disputed issue of the case and the reasons for the final view.Concrete is divided into three parts, devoted, respectively, "to seek benefits for others," the existing theoretical arguments, "to seek benefits for others" in the theory and practice-related issues that have exist, and finally discusses to abolish the element of"to seek benefits for others' of values and inevitable trend.Among in the first of this part, devoted, respectively, on the understanding of legal circles nowadays, "to seek benefits for others," based on their differences and "to seek benefits for others" should be presented as elements of the crime of bribery and the corresponding positive and negative,The second part of the main analysis and discusses the "make profits for others," Elements of the crime of bribery as the existence of many problems.The last part is addressed to abolish the "to seek benefits for others," Elements of properties to the value.