An Analysis Of The Constitutive Elements Of "Seeking Benefits For Others" In Bribery Crime

The crime of accepting bribes as a common and frequent crime of corruption type,has always been the type of crime that China’s anti-corruption work.According to the current criminal law of our country,the crime of accepting bribes is divided into two types: request-type bribery and accept-type bribery,"seeking benefits for others" is just an essential element for accepting bribes.However,there are great controversies in the theory and practice at the beginning of the formulation of this element.The Interpretation of the Supreme People’s Procuratorate of the Supreme People’s Court on Several Issues Concerning the Application of Law in Criminal Cases of Corruption and Bribery promulgated in 2016,has a clear explanation of this element,this is of great significance to solving the problems encountered in judicial practice.The purpose of this article is to sort out the domestic and foreign regulations for "seeking benefits for others",discusses various viewpoints on the positioning of this important element in the theoretical circle.and the handling of issues of crime under this requirement,at the same time,it also demonstrated the necessity of the retention of benefits,to provide practical advice on dealing with "emotional investment" and "ex post bribery" problems encountered in practice.In addition to the introduction and conclusion,the article is divided into four parts:The first part explains the specific meaning of "seeking benefits for others".The other person can be a natural person,also can be a unit,can be one person,also can be a few people.But regardless of the classification requirements are actually there;can be classified according to different criteria,by analyzing the definition of "Benefits" in the judicial interpretation,it can be clearly state that the so-called benefits refer to a convenientcondition.The core of seeking benefits for others is to violate the rules and seek help and convenience for others.The second part reviews the domestic and foreign regulations on "seeking benefits for others".First of all,in the development of China’s criminal law.Benefits have gone from scratch to development from coarse to fine,the relevant provisions on bribery crimes have also been continuously improved.Law,as a kind of consciousness,will be affected by economic development.As a kind of consciousness,law is subject to the globalization of the economy,and foreign laws are increasingly mentioned in the theoretical circle of China’s criminal law to the influence of economic development.This article selected the most representative provisions of the two countries of Russia,Japan and the United States on the crime of accepting bribes,and found that many countries did not even specify the requirements of the United Nations.The third part demonstrates our country’s theory research status of "seeking benefits for others".First of all,compare and comment on different positioning theory.This article believes that both the "objective requirements theory" and the "subjective requirements theory" have excessive waste of judicial resources and are difficult to convict.Therefore,taking the latest "mixed elements theory" as the core viewpoint,explained the controversy and solutions after the introduction of the mixed elements theory;secondly,under the current social context of China,we should not blindly pursue the pursuit of international standards and cancel the benefits,but should continue to retain the elements,but only in different bribery.The case can have different orientations for this requirement.Finally,because the behavior of "seeking benefits for others" may become the practice of other criminal behavior,then to the problem of crime number theory also has different theories,this paper argues that,combined punishment for several crimes shall be conducted to better punishment of bribery crime.The fourth part points out how to deal with the most serious "emotional investment" and "ex post bribery" behaviors in China’s judicial practice.Article 13 of The Interpretation of the Supreme People’s Procuratorate of the Supreme People’s Court on Several Issues Concerning the Application of Law in Criminal Cases of Corruption and Bribery explains the requirements for making profits,and there are two provisions that govern these two situations.This article believes that the amount of conviction for "emotional investment" should be regulated differently according to the level of economic development in different regions.At the same time,it should be calculated cumulatively for the thirty thousand Yuan that is the minimum requirement for incrimination;for "taking bribery afterwards",we must carefully determine the causal link between "receiving wealth" and "profit-seeking" behavior,and at the same time,in conjunction with the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Bribery" promulgated in2007,regarding bribery after the fact.The regulations strictly deal with bribery afterwards."To seek benefits for others" is a constitutive element of the bribery crime stipulated by law.Only by truly understanding its connotation can the related provisions on the crime of accepting bribery be better consummated,and the criminal law of punishing the crime of accepting bribes should be strictly punished.