A Study On Elements Of "Sking Nterests For Others" In The Bribery Crime

According to article385of Criminal Law of China, national staffmembers commit the Bribery Crime if they took advantage of post toreceive others’ property and seek the interest for others. So the BriberyCrime must have the element of “seek interests for others”. However，understanding to this element differs in both theory and judicial circle.Sorting out and analyzing legislative history and theory arguments of “seekinterests for others” form the perspective of criminal law hermeneutics，this thesis suggests to abolish the elements of “seek interests for others” asan amendment to criminal law. On the system and structure，this paper isdivided into four parts together besides foreword:Chapter1sorts putting legislative history of the element of “seekinterests for others” in Bribery Crime. We recognize value of the element inspecific historical period, but also admit it occurs arguments in theory andpractice. The Bribery Crime should be amended to fit current socialsituation.Chapter2introduces and analyzes opinions of “retention theory”，and concludes that “seek interests for others” shouldn’t be an essentialelement to Bribery Crime. The problem is rooted in legislation instead oftheory. Abolishing the element in criminal law is the fundamental solution.Chapter3puts forward that abolishing the element of “seek interestsfor others” is the inevitable choice to settle disputes in theory and practice，considering legal interests，legal logic，current criminal policy，andinternational anti-corruption legislation.Chapter4puts forward some legislative proposals from the“seek interests for others”issue point“.Seek interests for others” should be takenas a “fact relevant to penalty” to distinguish different types of briberycriminals. Also，after abolishing the elements of “seek interests for others”，we should reconfirm that the suspect commits the Bribery Crime or not.