The Research On The Dispute Of The Elements That Seeking Benefits For Others On Taking Briberirs

Crime of Bribery refers that "any state functionary who, by taking advantage of his position, extorts money or property from another person, or illegally accepts another person’s money or property in return for securing benefits for the person shall be guilty of acceptance bribes."2 From the definition of Crime of Bribery in the Criminal Law of our country, we can see that on the premise of accepting another person’s money or property, only when he or she secure benefits of the person, he or she shall be guilty of acceptance bribes. This constitutive requirement makes it difficult in judicial practice to determine whether or not those state functionaries have secured benefits of others. Therefore, they cannot be punished for bribery. Because of the relatively strict standard for bribery criminalization, in judicial practice, some functionaries on trial try to deliberately keep silent about major charges while admitting minor ones, and they insist that it is not bribery but monetary gift. The determination of the constitutive requirement-securing benefits of another person-is a hindrance for the determination of crime of bribery in judicial practice. In current circumstances, ways of accepting bribes have changed greatly and become obscurer. And more and more presents and monetary gifts are given in the mask of "emotional investment" or "long-term investment". When state functionaries accept other’s money or property, they are often not asked to something or to secure benefits for another person, resulting in the difficult in collecting evidence of bribery. Therefore, it is more difficult to determine the constitutive requirement for crime of bribery-securing benefits for another person.There are many debates and controversy among theorists and practitioners over "securing benefits of another person". And there exist many understandings and interpretations about this constitutive requirement, like "subjective theory" and "new objective element theory". In addition, it is highly suggested that this constitutive requirement should be abolished. In view of the status quo of cracking down crime of bribery, as a procurator, the author of this article tries to discuss whether or not "securing benefits for another person" should be a constitutive requirement for crime of bribery in our country and also suggest some ways to adjust this constitutive requirement, by studying current controversial ideas are and combining with related cases and judicial practices.Besides the introduction part and conclusion part, this article can be divided into three parts. The first part focuses on the research on the constitutive requirement for crime of bribery-securing benefits for another person. This research is made mainly by referring to some theoretical works of related scholars from home and abroad and elaborating on major arguments about this issue in theory and in judicial practice. The second part touches on the analysis on the constitutive requirement. From thee aspect of puzzle in judicial practice brought about by "securing benefits for another person" and combing with cases in judicial practice, this part analyzes major debates about this issue in theory and in judicial practice. The third part talks about the amendment idea for the constitutive requirement. By theoretical and practical analysis, this article suggests some rational ways to adjust and amend the constitutive requirement for crime of bribery in current law and regulation.