On Bribery Crime "For The Benefit Of Others"

Bribery crime occupies the core position in the whole system of corruption and bribery,and plays an important role in combating bribery crime.With the strengthening of efforts to fight corruption,bribery means are "unique",because the original trade power mode in current already appear too obvious,so the so-called "emotional investment" is becoming the corrupt officials new interests transmission channels,namely through usually greet send receive property,weddings and other forms,rather than accepting property for specific items,when I request another's help bribery side again to "help",new trade power mode not only can camouflage,and by accumulate over a long period of its benefits for the original "single trade" interests,obtained the main because there was no immediate benefit for others,there is accepting the money but never accept request another's help,you can avoid taking bribes original elements of "seek interests for others".Based on all this,"emotional investment" type of bribery are increasing proportion of taking bribes,which makes the original bribery provisions to difficult to adapt to the new situation,because require judicial authorities to prove "profit" requirement,virtually increased the cost and difficulty of prosecution investigation and the judges also because for the different understanding of "profit" condition,produce the different connection with the given situation.The first part is about "seek interests for others" the understanding of the literal meaning and interpretation is the foundation of legal interpretation and coherence in writing,we study the law,should first for "interest",the term "others" to explain and understand,this is the basis of understanding the requirements and to explore the elements of the foundation,through the understanding of noun,let us know the scopeand connotation of the elements of the "profit".Introduced in the second part is about the two new judicial interpretation of theunderstanding of the new judicial interpretation of article 13 of the special provisions of the explanation for "profit" requirement,the preceding two paragraphs is for before the end of the judicial interpretation,after two paragraphs are for the current "emotional investment" some aspects of the problem.The interpretation rules largely expanded the boundary of the requirements of "profit",for taking bribes afterwards and leadership of interests between the higher and lower are presumed to bribery,this for some hard to prove the elements of "profit" played an important role on the solution of the bribery cases,but also some scholars put forward,the explanation is similar to the judicial interpretation,with a legal fiction.The third part is about the history of the "seek interests for others" and theoretical debate,from bribery legislation history to understand the development of bribery and the evolution of the "profit" requirement,can understand the legislative intent,and convenient we fully understand the requirements of "profit".In addition,the elements of "profit" theory of debate has been the focus of previous articles,this article is only slightly above,but also it can be seen along with the continuous renewal of the judicial practice,scholars have also changed to "benefit" the understanding of the requirements,in order to can adapt to the continuous development of the judicial reality.The fourth part is about the struggle for the existence of "seeking for the benefit of others",that is,some scholars support the deletion of the "key elements" to solve the current legislative problems.The scholars who support the deletion are discussed from the following aspects,one of which is that the important part has been explained away and has no practical significance.Secondly,it can save judicial resources and improve the efficiency of investigation litigation.Thirdly,it can resolve the current situation of doctrinal disputes and maintain the unity of justice.Fourthly,it can solve the legislative defects of the problem of "emotional investment".However,this paper supports the preservation of the "profit" elements,and the effect of deleting the "profit" is not worth the loss.Because delete "profit" elements can not really solve the problem of "feeling investment",also can change the nature of bribery and legislative intent,affect the integrity of the bribery crime and so delete "profit" requirement is not the best choice.The fifth part is about the feasibility of "seek interests for others",because if you want to keep "profit" requirement to set up the crime of illegally accept gifts,use it to regulate "emotional investment" problem,but in reality,whether to set up the crime ofillegally accepting gifts have bigger dispute,this article from three aspects: break objection to set up this crime,and support to set up the crime of illegally accepting gifts,both to regulation "emotional investment problem",also can reduce the delete negative impact brought by the "profit" elements.