| Bribery crime is one of the important contents of corruption, is the social body malignant cancer, is a dangerous enemy of the state power, if not paid more attention to and take preventive measures, will cause serious damage to the party and the country's cause, cause great losses to the fundamental interests of the people, is a great harm. Punish corruption is our party's long-term basic strategy of governing the country governance, especially since eighteen Party's anti-corruption efforts, is to reach the level of corruption hitherto unknown, a large number of positions have been sacked, which caused a strong vibration and impact in the society. Come out in one case, and then be released after exposure, the amount involved is large, involved wide, corrupt way many people abhor, be struck dumb. Therefore, the party and state leaders put forward the "cage of power" and "system of anti-corruption, anti-corruption law" has become a new era of corruption prevention and remediation of the new normal, so as to effectively curb the spread of corruption.The bribery crime is stipulated in criminal law of China based on the crime of bribery crime, plays an important function for combating and preventing abuse of state officials. Therefore, the status and importance of the crime in the criminal law system of our country without saying. According to the provisions of the criminal law of our country, the crime of accepting bribes is divided into two types: the demand type and the accepting type. To seek benefits for others is one of the essential elements of the crime of accepting bribes, which has become the focus of controversy in the theoretical circles. Especially with the gradual deepening of China's market economy development, the crime of bribery crime has more forms, means more secretive, such as "take money without work", "emotional investment and other forms of bribery" and mandatory restrictions It is often seen., for the benefit of others ", already cannot satisfy the need of urgent punish bribery reality.It should be said, to abolish the "to seek benefits for others" elements of the dispute for a long time. Especially in recent years, the rapid development of China's market economy situation, the sharp increase of social wealth, in the economic interests and temptation, "money" and "power rent-seeking" phenomenon. Reflected in the national official crimes of bribery crime in the form of showing a new situation and new features, which has evolved from simple bartering for long-term operation of "emotional investment", more subtle forms of corruption, it is difficult to grasp the applicable law. But no matter what form of bribery, the nature of the property will not change, and its social harm will not be reduced. Based on the need to punish the crime of bribery, the abolition of the "to seek benefits for others" elements of the voice is getting higher and higher. Although the theory of the elements have "objective" and "subjective" of the long-term debate, although there are benefits but can not solve the fundamental problem. In the judicial practice is to take the "Quxianjiuguo" route, by expanding the interpretation of legislative intent to break even to explain, to satisfy the need of punishing crime, the consequences of doing so is harmful, it undermines the legality of this fundamental principle, harm the authority of the criminal law itself. In any criminal law at all times and in all countries, and are not immutable and frozen golden laws and precious rules, but changes follow the social conditions of evolution, this will not only harm the stability of the criminal law and the modesty of criminal law, it will improve the flexibility and authority. Therefore, I believe that the fundamental solution should begin to unwind their back to the provisions of the criminal law is not reasonable, which stood in the legislative position should be repealed in the crime of bribery "requirements for the benefit of others, in order to plug the loopholes from the source. |
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