On The Specific Meaning "Securing Benefits For Another" In The Crime Of Acceptance Of Bribes

According to section 1 article 385 of Criminal Law of the People's Republic of China: “Any State functionary who,by taking advantage of his position,extorts money or property from another person,or illegally accepts another person's money or property in return for securing benefits for the person shall be guilty of acceptance of bribes.” To understand accurately the crime of acceptance of bride section 1 in article 385 of the Criminal Law,Should accurately understand the “securing benefits for another”.Besides,Facing the changeable reality of the pattern of financial behavior,only when we master the meaning of “securing benefits for another” accurately,we can implement Zero tolerance anti-corruption policy accurately.However,up to now,there are still many controversies in the theoretical and practical circles about the meaning of “securing benefits for another” in article 385 of the Criminal.Therefore,this paper attempts to clarify the relevant disputes around this issue through research,and define the meaning of “securing benefits for another”.Explaining the essence of “securing benefits for another” in the context of the Zero tolerance anticorruption policy is the process of from criminal law to criminal policy.The criminal policy nature of criminal law requires the use of substantive interpretation theory,so this paper advocates the use of substantive guidance of the purpose of interpretation methods.So this paper argues that the content of “securing benefits for another” should be accurately understood based on the protected legal interest.Therefore,in addition to the introduction and conclusion part,This paper intends to explore from three aspects.The first chapter analyzes the possible meaning of “securing benefits for another”.Teleological interpretation have the inherent tendency to get rid of the literal bondage of criminal law,so this part uses semantic interpretation,systematical interpretation,historical interpretation and other interpretation methods to define the possible meaning of “securing benefits for another”,use the methodology of interpretation to restrict teleological interpretation.The second chapter defines the legal interest of bribery crime in China on the basis of expounding the theory of legal interest of bribery crime.This part first expounds the normal management of State organs,the national staff's integrity,un-purchasing of public affairs,the fairness of public affairs,the protection of trust and the compound protected legal interest.Then according to the nature of the object of legal interests,bribery crime in the criminal law in the chapter changes,the relationship of bribery crime and dereliction of duty crime,the relationship of bribery crime and the use of influence to define the interests of acceptance of bribes at this stage of our country to protect.The third chapter is analysis of “securing benefits for another” from the protected legal interest.This chapter is within the scope of the possible meaning of “securing benefits for another” and further analyzes the specific meaning of “securing benefits for another” by teleological interpretation from the perspective of the legal interest of bribery crime.Finally,according to the legislative trend of the abstract potential damage offense in China's criminal law and the Zero tolerance anti-corruption policy,the specific meaning of “securing benefits for another” is defined.The fourth chapter,On the premise of clarifying the specific meaning of “securing benefits for another” is to implement the behavior of seeking benefits for others and promise to seek benefits for others,this paper analyzes the existing legal loopholes and puts forward suggestions for improvement in combination with Japanese laws.