"Seek Interests For Others" In The Bribery Crime Of Positioning And Applicable Law

With the development of market economy, corruption has become increasingly serious, diverse and more subtle changes in the modus operandi, major cases continue to emerge. Accepting bribes which the incidence rate, the impact is extremely bad one, it has seriously damaged the party and the government’s image in the eyes of the masses of the people, undermined public trust in the integrity of the national staff duties behavior. Only increase the intensity of punishment of such crimes to crack down on the crime of bribery in order to meet the public sentiment will of the people, promote social harmony and stability.In accordance with the provisions of section385of the Penal Code, the national staff position to facilitate and illegally accepting other people’s property,"for the benefit of others" plot, in order to set up the crime of bribery. So, how can the identified behavior for the benefit of others "? This problem is very difficult in the judicial practice of some national staff although the positions of interest to facilitate the acceptance of other people’s property, but not "for the benefit of others, which become the reason for them to defend his innocence. There are multiple perspectives for the benefit of others "element in the judicial practice and the criminal law field, it was in favor of retaining it was proposed to cancel. Those in favor of retaining the status of this element in the crime of accepting bribes differences, mainly in the doctrine of the "old objective elements say" subjective element "," objective elements ".In fact, no matter what kind of view, can not blow all the crimes of bribery, there are arguments even cause convenience on the part of the advantage of his position illegally accepting other people’s property skirted the law, and thus lead to the identification of the crime of accepting bribes in judicial practice and theoretical confusion. Forensics for the benefit of others "behavior is very difficult in the actual process of handling cases, created obstacles to the fight against the crime of bribery, resulting in a number of bribery cases qualitative, it is difficult to investigate and deal with, resulting in ineffective to combat the crime of bribery, influence of anti-corruption The deepening of the struggle carried out.From accepting bribes to seek benefits for others,"Elements of the provisions in the Penal Code and the legislative history to talk about a variety of interest" elements Abolition of the doctrine introduced by right "for others to seek and assess, and then put forward their views "for others to reap the benefits" of taking bribes essential objective elements, should be retained. Subsequent effective way to avoid the contradiction between theory and practice, the strong fight against crime, to correctly distinguish between the boundaries of crime or solve accomplished and attempted finds, reduce the judiciary and the burden of proof aspects of argumentation "for others to seek benefits" application of the new objective elements namely promised that "the rationality of the" promise "only need the behavior for the benefit of others" means that can not actually for the benefit of others "behavior or results. Finally, for the benefit of others "type" for others to reap the benefits "of interests "of the definition of interest "behavior identified and discussed such as accepting bribes" for others to reap the benefit of others "elements in the judicial use in practice.