| In recent years,a large number of corruption and bribery crimes have been investigated.Such a jolt,against corruption behavior on the one hand is advantageous to the consolidation of officialdom culture,establish a good political ecology,win the trust of the people,but on the other hand,is so densely legal norms for embezzlement and bribery crime,it is also for inspection for corruption and bribery crime legislation in China.In the judicial practice,in recent years is to "seek benefit for others" in bribery can be taking bribes calls into question the constitutive requirements of academic circles also formed the retention and abolish two views.Based on the judicial practice that the confusion of "seek benefit for others",in 2016 the supreme people's court and supreme people's procuratorate jointly issued "about to deal with corruption and bribery criminal cases to explain some issues of applicable law,to be clear in the explanation.As to how to identify the interests of others in judicial practice,this paper determines the judicial interpretation of 2016,and tries to analyze the following aspects:The first part is the comprehensive analysis of "for the benefit of others".It mainly includes the understanding of the meaning of "seeking for the benefit of others" and its application scope.As for the understanding of its meaning,the conventional wisdom is that the viewpoint is to adopt the old objective and objective theory,but it is objectively said that there are disadvantages such as reducing the scope of criminal criminal law,and indulging in corrupt and corrupt crimes,which is not conducive to the investigation in practice.Based on this it put forward including "promise" of the new theory of objectivism,said new objectivist can effectively solve the problem of some bribery cannot be identified,has certain legal basis and practical significance.In contrast to two kinds of objectivism,there is also a subjective view,which is to "seek for the benefit of others" as the subjective attitude of the actor and not to understand the objective behavior.However,this theory still has limitations on the scope of criminal punishment.By analyzing these different points of view,we can understand the different meanings of "seeking for the benefit of others" and analyzetheir different effects on whether the crime of accepting bribes will be established.The second part mainly discusses China's current regulation of "for the benefit of others",which mainly interprets the content provided in the judicial interpretation of2016.Analysis of the actual or promise for the benefit of others behavior including the type of the behavior of the actual benefit for others,subjective aspect and the objective form of commitment to seek interests for others,and by zhang bribery case interpretation;Analyzing knowing that others have specific request another's help and receiving gifts behavior,mainly analyzing the requirement of "knowing","specific" request another's help matters limited range,the behavior and the difference between a promise for the benefit of others,and Samuel,a bribery case to this behavior to carry on the empirical interpretation;Analysis takes office is not request another's help,but later on the basis taking property of others behavior,discusses its duty of justice and benefit with the implementation of reverse sequence of two characteristics,further interpretation of the behavior in the main,objectively the crime constitution,and list the ShiHongJun case in order to further understanding this behavior;Interpretation demanding or accepting property behavior mainly interested party thirty thousand yuan of above analysis the behavior of a specific object,into the standard,"explain" as a presumption that means,finally Pan Dingping bribery case is used to further interpret the provisions of this act.The third part of this paper mainly explores the defects of "seeking for the benefit of others" in the interpretation,and proposes the author's Suggestions on the perfection of legislation."Seek interests for others" in the "explanation" the first will be the actual behavior of interests and commitments for others tied up for the interests of others to perform the behavior,is undoubtedly the difference is not in conformity with both social harmfulness;Second,will "have a specific request another's help matters,knowing that others are still accepting their property" stipulated directly the behavior of "seek interests for others" form of objective performance is not satisfactory,there is no "summary" in direct provision for "commitment to seek interests for others" as appropriate;Finally,in the case of demanding or accepting more than 30,000 people with relevant interests,it is also improper to make demands for behavior and acceptance.Aiming at the above problems,the author puts forward some Suggestions on specific legislation. |
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