A Study On "Seek Interests For Others" In The Bribery Crime

China is in the important period of social and economic rapid development.According to international standards,when the income of every one in a country reaches 1000$ to 3000$,the country will enter high incidence of corrupt cases.At present,China is at this stage.the crimes national staff commit by position often take place,of which the number of bribery crimes are in the first job crimes.There are more than 60%of officials who have bribery behaviors,at the same time,it is the key for criminal law in China to fight bribery cases.Through understanding the bribery rules in terms of criminal law in China,this paper will put forward how to establish the crime of taking bribes,which requires national staff to do it by position and seek benefits for others.As theoretical and judicial practitioners have different opinions in the nature of "seek benefits for others" and the status of taking bribes,many ideas and theories formed.What' more,there are differences in the judicial practice operation,due to the limit of economy development condition and different understandings of law-executors,Thus affecting the correct recognition of bribery in judicial practice.This article is divided into three parts to discuss 'seek benefits for others' in the bribery crimeThe first part:Systematically introduce the meanings and manifestations of"seeking benefits for others" in bribery crimeIn the part,the author will expound the meaning of 'seek benefits for others' in the bribery crime to experience the expectations and original intention from legislators.The author analyzes the viewpoints of 'to seek benefits for others' in bribery crime from the current theoretical and practical circles,mainly to analyze the manifestation of bribery crime in judicial practice,on the basis of which,author confirms the case's position in the bribery crime.The article emphasizes it is necessary and important for 'to seek benefits for others' to be the main part in bribery crime.This definition of nature is in line with the legislative intent,and it is also China's judicial practice and the actual needs of China's national conditions.The second part:identify 'to seek benefits for others' from different types of bribery crime in the current judicial practice,through understanding the case in the form and summarizing new types of bribery crime.Focusing on four types of bribery crime--the 'use of influence','mediation bribery','false commitment' and 'no specific matters to ask',but the author makes a systematic and scientific analysis to the problem of judicial recognition of the elements of 'to seek benefits for others',so as to provide useful help for correct identification of bribery crime.The third part:This paper deeply analyzes the boundary of the crime and non-crime in bribery crime in the current judicial practice,At the same time,the author summarizes behaviors of the crime and non-crime,first law-executors make sure whether the action is to seek benefits for others and look on it as a rule to measure the standard of doing a correct distinction between the crime and non-crime in bribery crime,to do further academic exploration for further identifying the crime and non-crime in bribery crime.At the end of the paper,Through understanding 'to seek benefits for others' elements of the bribery crime in the judicial practice and combining judicial practice with the "United Nations Convention against Corruption",the author put forward legislative perfect recommendations for bribery crime.