On The Cancellation Of The Requisites For The Benefit Of Others In Accepting Bribes

According to the provisions of the 385 article of the criminal law of China,the behavior of the crime of accepting bribes includes accepting bribes and taking bribes.The constitution of the crime of taking bribes does not require the perpetrator to "seek benefits for others",and the constitution of the accepting type of acceptance of bribes requires the perpetrator to "seek benefits for others".There has been a controversy over the requisite elements in the acceptance of bribes.This important element is also the focus of this article.The criminal law of corruption and bribery is becoming more and more strict with the promulgation of the amendment of the criminal law(nine),but there are still elements in the constitutive elements of the crime of bribery that cannot keep pace with the times.The existence of "seeking benefits for others" causes the identification of some bribery in practice to be hindered.In the handling of specific bribery cases,the understanding of "profit" in the judicial organs is not consistent,and the trial results of the same cases are often in different courts in different courts.n view of the present situation,this paper introduces the basic connotation of "seeking benefits for others",sums up the historical track of the change and development of the important elements and the dispute between the theorists and the elements,analyzes the legislative and judicial problems caused by the existence of this important element,and tries to explore the rationality and feasibility of the deletion of the important elements.After that,it is possible to cause problems and solutions if the elements are deleted.The first part introduces the specific connotation of "seeking benefits for others",the changes of the legislative development of the elements,and the different attitudes of the theorists on the nature of reservation and abolition,subjective or objective nature.The second part analyzes the legislative and judicial problems brought about by the essentials of seeking benefits for others.These problems mainly include the lack of clarity of language in legislation,which can not explain the essence of the crime of bribery and the possibility of indulging the new crime of bribery.In the judicature,it mainly includes the plight of judicial interpretation to judicial practice and the problem of explaining his own overriding.These problems lead to the third part of the rationality of the cancellation of this element.The third part,based on the legal basis for the protection of the crime of bribery and the principle of balance of crime and punishment,combines the criminal policy of zero tolerance of corruption and the uneven judicial cognizance at the present stage of our country,and hopes that our fight against corruption can be connected with the extraterritorial legislation and is connected with the United Nations Convention against corruption.On the other hand,the international cooperation of corruption crimes is strengthened.The fourth part systematically analyzes the problems that may arise after the cancellation of the "seeking benefits for others" in the acceptance of bribes and the specific solutions.After deleting the requisites for accepting bribes,we should pay more attention to the boundary between crime and non crime.After the cancellation of the elements,it can be used as an important sentencing plot for bribery,and a more rigorous criminal law net is woven.