Research On Element Of "Seeking Interests For Others" In Crime Of Accepting Bribes

According to the Article 385 of the Chinese Criminal Law,a state personnel would commit the bribery if he takes advantage of his office to accept bribes and seeks the interests for others.However,many scholars propose to delete the composition of "seeking interests for others",for making it difficult in applying the provisions in judicial practice and other new types of bribery crimes.The essential element of "seeking interests for others" is historical,realistic and normative,which is an important criterion to judge whether the legal interests are violated by bribery.The Article 13 of "Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Embezzlement and Bribery" has made a detailed explanation for the element of "seeking interests for others",we should reasonably explain the provision on the premise of "Nulla poena sine lege",and minimize the identical disorders in judicial practice.The nature of "seeking interests for others" has always been controversial,theoretically,it has many different views,for instance,regarding it as objective element,subjective element,unity of objective element and subjective element,or non-element.In criminal law of China,the bribery crime is not typical intent crime."Seeking interests for others",which is an essential element to constitute the bribery crime,is composed of taking bribes(means behavior)and seeking the interests for others(objective behavior).According to the provision of the new judicial interpretation,the element of "seeking interests for others" in crime of taking bribes should be regarded as a subjective factor,which is in excess of objective factors.Constituting the crime of bribery only requires the intention of seeking interests for others,the rules of committing,implementing or realizing interests and the subsequent bribery,"emotional investment" behavior in judicial interpretation is a manifestation of the subjective intention.It should be strictly applying the provision of "seeking interests for others" when determining the "emotional investment" behavior and and the subsequent bribery.The behavior of "emotional investment" conforming the crime of accepting bribes should meet the requirements of the rules in judicial interpretation,such as the superior-subordinate relation,or the administrative relationship,accepting and claiming the property interests of more than 30 thousand yuan,and "affecting the exercise of authority possibly" At the same time,we should combine several factors together to distinguish the "emotional investment",behavior from "human relationship",these factors include the relevance of the duty interests,the causal relationship between the bribes and the authority behavior,the value of the gift and some other factors.In judicial practices,the subsequent bribery also should combine multiple objective factors,for instance,the relationship between the duty behavior and the interests of the briber,the time interval between seeking interests and receiving bribes,to determine whether a state personnel has the intention of selling public authority to private interests.