| The crime of corruption has always been the domain of criminal crime in our country's ills,which more particularly to the crime of bribery.Since eighteen,to carry out a large-scale anti-corruption movement party and the country,to curb corruption crime expansion momentum to a certain extent,but to promote the anti-corruption policy after all only palliative,truly effective anti-corruption ideas still need to return to the track on the rule of law.In the field of bribery crime,there are still a lot of controversy about the "seeking benefits for others" in the 384th article of the criminal law.As a result of the change of the elements of the crime of accepting bribes,the establishment of the crime of accepting bribes,it will be a direct impact on whether the crime is a crime.Based on this,this paper will analyze the elements of "seeking benefits for others" in the crime of accepting bribes.This research is mainly divided into four parts as follows:the first part mainly on the"securing benefit for others" are summarized,analyzed from the perspective of the legislative and judicial interpretation,pointed out the main problems existing in the cognizance.The second part is the theoretical distinction,mainly analyzes the elements of "seeking benefits for others" from the angle of theory,and based on the semantic interpretation perspective pointed out that "the proper meaning for the benefit of others".The third part is the practice of "seek interests for others" in cognizance,starting with the typical case,the current practice of the cognizance research and the existing problems,and analyze the reasons of these problems.The fourth part is the accurate understanding of the theory and practice of "path elements for the benefit of others",respectively from the theoretical explanation and practical application point of view,the problems related to the elements of "seeking benefits for others" clearly,thereby reducing the interpretation and practice of misunderstanding and obstacles. |
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