A Study On The Crime Of Accepting Bribes For The Benefit Of Others

The general provisions on the crime of bribery in the criminal law of our country is mainly reflected in the first paragraph of article 385th,elements of the article will seek interests for others clearly defined as bribery necessary.However the provisions due to unscientific,the theory leads to the theory of criminal law scholars on the elements of determining odds shoshan inconclusive the practice has led to all sorts of doubts,greatly hindered the judicial organs for the crime of bribery punishment.In the crime of bribery in China is increasingly rampant,countries to intensify anti-corruption efforts in the background,a careful study of the elements,clarify the connotation of the elements and positioning in the bribery crime is particularly important.According to the "criminal law amendment(nine)" two high judicial interpretation and in 2016 issued the latest relevant elements in crime of bribery through detailed review of legislative history and connotation of the interests of making the elements for others and elaborate on the basis of deep In the elements of the various theories of academic study,and make full use of the experience of legislation on bribery legislation in developed countries in the world from the mature technology,proposed to abolish the essential elements of the crime of bribery in only as a sentencing is really attributable to seek interests for others elements,and innovation from the unique perspective on the interests of the elements after the abolition of the benefits and should be in the crime and non crime,elaborated should pay attention to distinguish between this crime and other crimes.In this paper,a total of 34992 words,in line with the structure,in addition to the introduction and conclusion,the text is divided into the following four parts:The first part is an overview of the benefit elements for others,in this part of the detailed analysis for the benefit of others China established since the new elements in the legislative history,and innovation from a new perspective and discusses the profound elements of "others","seeking",the connotation of "interests" and points out that the benefit the elements of legislation in current criminal law of our country and positioning on the basis of this,from the unique perspective and discusses the legislation legal reasons.Through this part of the paper,the basic situation of the first to introduce for the benefit of others,in order to pave the way for further discussion of the elements.The second part is to seek views and comments on the interests of the elements,in this part the paper will seek interests for others in the criminal law theory basis for argument in the field of positioning of different points of view are divided into "positive" and "Cancel",according to the different standard of "positive" in the "old objective elements","subjective constitution","new objective elements","the unity of subjective and objective elements" in detail and put forward his own unique views of each theory,that any theory has its difficult to call a defect.Finally this paper innovation from different point of view the "cancel" theory point of view.In this part,through careful analysis of the relevant theory to seek benefits for others elements and explore the further study on the elements of interest,for the reference of foreign legislation to lay the foundation.The third part is a comparative study of the legislative elements for the benefit of others.This part of the study of the legislation in Germany,Japan,the United States criminal law and the United Nations anti-corruption convention in the world legislation,The preliminary analysis of the legislation in the fifth part of the country's comparative analysis and reference to their own unique views,this part aims to through the interests of the provisions of the legislation in the world to analyze the provisions of the following for the The interests of others should be vested in the comparison of foreign legislation.The fourth part is the improvement for the benefit of others see the elements of the crime of accepting bribes,the above situation of seek interests for others elements,opinions,based on the comparison of foreign legislation,put forward for others to seek for the interests of the elements belonging to ought to be in removed from the crime of taking bribes,only as a punishment the plot,and innovation from the legislative history,theory dispute,comparison of three viewpoints of foreign legislation analysis the rationality of the ownership.After cancel the benefits and interests of the elements in the crime and non crime,this crime and that crime matters needing attention on the aspects made their own unique exposition.