A Qualitative Analysis Of "Seeking Interests For Others" In The Crime Of Bribery

Since the eighteen anti-corruption boom driven by the punishment of the crime of bribery has become increasingly broad and severe. In this context, how to set a reasonable punishment for the crime of bribery is also increasingly attracted wide attention in the academic community. Compared with the foreign and international legislation, the 384th provisions of the criminal law of the passive acceptance of bribes must meet the "to seek benefits for others" elements. In the understanding of the elements, not only in theory, there are many disputes in practice. In view of this, this article focuses on the study of the crime of taking bribes to seek benefits for others, analyzes the necessity and feasibility of the existence of the elements, and finally put forward a reasonable explanation of the elements is the most appropriate program.In order to study this problem, this paper mainly launches from four parts. First of all, the paper reviews the legislation of the crime of taking bribes for the benefit of others, and emphatically discusses the role of the elements in the determination of the crime of accepting bribes. Secondly, the current relevant theoretical disputes were sorted out, between the retention and the abolition of the proposed abolition of the abolition of the theory and the current reservations on the choice of the point of view. Again, the practice of the difficulties identified as the interests of others are described, mainly in the technical identification of the difficulties, the obstacles on the criminal policy and the purpose of the problem. Finally, combined with the above discussion and discussion, the paper points out that we should return to the interpretation of the position to understand the elements, on the basis of adhering to the principle of protection of the principle of human rights protection, and put forward a specific solution.