Judicial Determination Of "Seeking Benefits For Others" In The Crime Of Accepting Bribes

Since the crime of accepting bribes stipulates "seeking benefits for others",it has been accompanied by huge disputes.There has been no unified view on its nature,whether to preserve or abolish it.With the continuous development of society,the emergence of new forms of bribery has brought some challenges to China’s legislation and judicature.This thesis introduces the basic meaning and classification of "seeking benefits for others",and points out that "others" should include not only natural persons,but also units,"seeking" includes the seeking of action and inaction,"interests" includes legitimate and illegitimate interests,material and non-material interests,immediate interests and expected interests.After clarifying this element,this thesis analyzes the existing disputes on retention and abolition and subjective and objective disputes,and comes to the conclusion that the element of "seeking benefits for others" can reflect the power money trading,scientifically divide the regulatory objects,distinguish other crimes,prove the illegality of accepting property,and ensure the realization of the legal interests of "public office can not seek private interests" in the crime of bribery The rationality of connecting other constituent elements exists.If it is deleted,it will lead to the improper expansion of the punishment of bribery crime.It should be reasonably explained on the premise of retaining this element.Under the premise of reservation theory,this thesis demonstrates three views on the legal nature of the elements of "seeking benefits for others" in the current theoretical circle: the old objective element theory,the subjective element theory and the new objective element theory,puts forward that they are understood as subjective motives for favoritism,and verifies the Supreme People’s court The rationality of the specific provision on "seeking benefits for others" in Article 13 of the interpretation on Several Issues concerning the application of law in handling criminal cases of corruption and bribery issued by the Supreme People’s Procuratorate.Finally,from the two aspects of jurisprudence and practice,this thesis discusses in detail the three situations stipulated in the above judicial interpretation: actual or promised to seek benefits for others,deemed to promise to seek benefits for others,and taking bribes afterwards to seek benefits for others,so as to limit the applicable conditions and prevent the elements from being substantially eliminated.