Font Size: a A A

Research On "seeking Benefits For Others" In Bribery Crime

Posted on:2020-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:L M F WangFull Text:PDF
GTID:2436330572974301Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
From the beginning of the requirement of "seeking benefits for others",there are great disputes about the orientation and application of the requirement in both the criminal law theory and the judicial practice.These disputes have a direct impact on the determination of the crime of accepting bribes.In recent years,a large number of new bribery acts have appeared in judicial practice,such as "accepting money after the event" and "emotional investment",which constantly affect the content of "seeking the interests of others" in the crime of accepting bribes.Because these new forms of bribery do not have the typical characteristics of making profits for others,if the judiciary strictly abides by the legislative provisions of bribery crime,it may not be able to identify these acts as bribery crime,which seems to be a misdemeanor.However,if we want to implement the anti-corruption policy of "reinforcing punishment and curbing disorder",we must regulate this kind of behavior in the criminal law,which also violates the principle of legality of crime and punishment.In view of the outstanding problems in judicial interpretation in practice,judicial interpretation only stands on the pragmatism position of "seeking benefits for others".Therefore,this is not the best way to get rid of the predicament of the crime of accepting bribes in current practice.In order to fundamentally solve the problem of judicial determination of bribery crime,China's anti-corruption policy has been implemented.We should solve the problem from the source,determine the location of the element of "seeking benefits for others",and then analyze whether the element should be abolished,improve the determination of bribery crime,in order to achieve a good social atmosphere of effective anti-corruption.
Keywords/Search Tags:Crime of accepting bribes, seeking benefits for others, emotional investment, cancellation of elements
PDF Full Text Request
Related items