Research On The Requirements Of Seeking Benefits For Others In Taking Bribes

About the legal provisions and judicial interpretations of the crime of bribery throughout the period after founding the People's Republic of China,the elements of seeking the benefit for others have gone through a process of changing from scratch,continuous refinement,and degeneration.The elements of seeking the benefit for others have not been stipulated in the criminal law of Germany or Japan as a requirement for the establishment of bribery offences.In the criminal laws of the United States and the United Kingdom,the establishment of the crime of bribery not a necessary condition for the existence of seeking benefits for others.The dispute between subjective and objective at the level of the explanatory theory involves the question of the attribute of seeking the benefit for others,and the focus of the argument lies on how to reasonably explain the profit elements.The disagreement on the existence and disuse of the legislative level involves the issue of the rationality of the requirements of the profit elements itselves.Although some scholars have put forward reservations,overall,the theory of abolition has formed a certain consensus in the theoretical community.China adopts a legislative reservation and judicial expansion attitude.At present,there is a lack of explanatory power in theoretical doctrine.When dealing with the problem,there will always be inconsistencies and inappropriateness.Although the judicial interpretation can deal with specific practical problems,the pragmatic approach adopted has violated the principle of a legally prescribed punishment for crimes and is not a reasonable path to solve the problem.In the face of the explanation plight,seeking a more reasonable solution path from the legislative level has certain practical significance and practical necessity.According to China's actual national conditions,drawing lessons from the provisions of extraterritorial criminal law,examining the legal benefits of bribery crimes,and eliminating the provisions for the benefit of others in the crime of accepting bribes,it has realistic validity and legitimacy.