On Cancellation Of Trying To Obtain Advantages For Others In Bribery Crime

Under the <Criminal Law> Article 385 Clause 1 of China: “Bribery is the offer or acceptance of anything of value in exchange for influence on a government/public official or employee.”Although it is written clearly in the <Criminal Law> that the key for “bribe receiving” is “in exchange for influence”,Chinese criminal law academic field and practical field is still debating if such event should be the key for bribe receiving and if it is the subjective or objective key,generating numerous controversies.In this paper,we start by examining many real cases to illustrate the problems and confusions in practicing law regarding “in exchange for influence” in bribe receiving,followed by the definition,category and ruling of such key event in Criminal Law,with introductions to “old subjective key event theory”,“objective key event theory” and “new subjective event theory”,in which the key event differs.We compare the pros and cons of the three theories,and conclude that key event“in exchange for influence”should be eliminated.We also support our proposition by reasoning from aspects such as the purpose of the punishment and the setup of law.Eventually we give advice for the replacement of this key event,stating the positive effect this change may bring and potential questionable points in its application.We hope this paper will contribute to defining bribe receiving in Criminal Law of China,as well as to the law practice and unity of law.