The Study On The Cancellation Of The Crime Of "Seeking Benefits For Others" In Bribery

The article 385 of the "criminal law" stipulates that:a state worker taking advantage of his position obtains the property of others,or illegally accepts the property of others,seeking for the benefits of others,is the Bribery crime.From the beginning of the establishment of the "Seeking benefits for others"requirement,caused much controversy in both the theoretical and judicial practice circles,and they have not been able to form a unified view of their nature orientation,and the retention or abolition.ln recent years,new forms of bribery have emerged in judicial practice.The punishment of corruption in China's legislative and judicial practice has been greatly challenged and higher requirements have been raised.The author believes that the root cause of the fact is the existence of the " Seeking benefits for others"requirement has indeed led to the“emotional investment" and "after-the-fence finance" and other behavioral regulations.lt is difficult to accept bribery and the threshold is high,resulting in some bribers avoid the punishment.The author proposes to cancel this requirement and analyze the necessity of canceling the requirement,the legislative comparison,the possible consequences after cancellation,and the problems to be paid attention to in order to severely punish bribery crimes and spare no effort in fighting corruption.This dissertation is mainly composed of six chapters.The first chapter is introduction.This part introduces the key points of this article and triggers the following discussion on the elements of "seeking benefits for others" in the crime of accepting bribes.The second chapter is a general introduction of the "Seeking benefits for others",which includes a brief review of the period before this legislation,at the beginning of this legislation and the evolution of this legislation,and the analysis of the specific content of the legislation,the discussion of the connotation of the word,and laying the groundwork for the application of the element below.The third chapter is an analysis of the retention or abolition of this legislation.This section analyzes the nature of the legislation,the controversy of its retention and abolition,and analyzes the advantages and disadvantages across each doctrine,fully discussed the disagreements arising by this legislation.The fourth chapter is the analysis of the judicial issues caused by this requirement.It discusses the problems identified as the "emotional investment"and "after-the-fence finance" triggered by judicial practice,and raises the following discussion topics.Come up the author's personal opinion.The fifth chapter proposes practical suggestions for canceling this requirement.This part discusses the necessity of cancellation and collects legislation on bribery crimes in other developed countries and clean countries in the world to argue.The possible consequences of cancelling this requirement and the issues that need attention after the cancellation are also analyzed and discussed.The sixth chapter is the conclusion.This is the author's summary of the full text,and hopes that the discussion of the requirement of "seeking benefits for others" through this article can theoretically give support to legislation to eliminate the requirement.