Research On The Identification Of Seeking Benefits For Others In Bribery Crime

After 18th CPC National Congress,especially the introduction of central eight provisions,the new Party central committee which leads the whole Party and the people of the whole country combat corruption and punish crimes by taking advantage of duty with firm determination and high pressure,and the achievement of anti-corruption is obvious.With corruption case of huge ammount was solved one by powerful official for corruption sacked,anti-corruption demands of the masses have become stronger,the people's desire to improve the corruption within the party is also an unprecedented upsurge,and this work has become a major challenge for the party and the people.Whether to making benefits for other,for the problem in determining how to seize the crime of bribery,the matters of status about "making benefits for others" in bribery crime constitutes has caused lots of arguments and discusses in theoretical and practical realm of jurisdiction.Conviction and sentencing standards of corruption crime and bribery crime are modified significantly by "People's Republic of China criminal law amendment(nine)",which set binary standards about amount and plot.April 18,2016,Supreme People's court and the Supreme People's Procuratorate jointly issued "interpretation of several issues concerning the application of law in the case of criminal cases of corruption and bribery"(called "interpretation" for short),which thoroughly set conviction and sentencing standards of corruption crime bribery crime and embezzlement crime,especially set standards about"making benefits for others" with four aspects.The "interpretation" has an important guiding significance to unify law application standard and solve practical problems for judicial organsat all levels.Combined with the actual work experience,in order to help practitioners and for a better understanding of the new regulations,to solve their own profit on whether this problem confused,is necessary to carry out in-depth discussion and Research on this problem.The first section is the summary of seeking benefits for others.The author focuses on the concept and evolution of seeking benefits for others,and discusses the composition from two aspects which includes the stipulation and the meaning.Among them,"to seek benefits for others" is part of the objective elements.This article will focus on the "to seek benefits for others" elements.The second section is to position and evaluate the elements of "to seek benefits for others".Focuses on points of view about the abolition to "make benefits for others",mainly about theory of "reservations" and "Cancel",and discuss opinions about old objective elements,the subjective element,the new objective elements and the unity of subjective and objective elements in "reservations" theory.The third section is the cognizance about "to seek benefits for others" in the"interpretation".The "interpretation" on April 18,2016 not only set conviction standards for corruption,bribery,embezzlement and other crimes,but also set standards about "to seek benefits for others",which is the research focus of this article from four aspects,the actual or commitment to seek benefits for others,knowing that others have specific instructions and to perform their duties without being asked,but after the performance of their duties based on reasons for accepting other people's property and the national staff ask for and accept with personnel management relationships with subordinates or administrative relations of property more than thirty thousand yuan,may affect the exercise of authority,as a commitment to seek benefits for others.And combining theory and practice,the four aspects of the provisions are described in detail.