On The Abolition Of The Element Of "seeking Benefits For Others" In The Crime Of Accepting Bribe

"Anti-corruption and promoting honesty" is an important measure of Party and government integrity implemented by General Secretary Xi Jinping since he took office.This measure has been fully implemented since the 18th National Congress and achieved significant results.Through the effective implementation of anti-corruption and promoting honesty,the good image of the Party and the country in the hearts of the people has been constantly improved.The crime of accepting bribes stipulated in Article 385 of the Criminal Law is an important crime in bribery.It plays an important role in combating corruption and promoting honesty.However,with the increasing development of social politics,economy and culture,various ideas are emerging and various contradictions are erupting.Some state functionaries can not resist the temptation,ideas begin to decline and beliefs begin to lose.In order to evade the law and escape sanctions,they will rack their brains to change the concealed bribery of the law,and in addition,they will try their best to change the concealed bribery of the law.Bribery is a community of interests,sheltering each other,bribery forms become diversified,complex and concealed,and even the existing legal provisions can not accurately locate the acts of bribery,which increases the difficulty of law enforcement to combat corruption,but also the suspicion of indulgence in illegal acts.The article of this Law stipulates that "seeking benefits for others" is one of the necessary elements for the conviction of the crime of accepting bribes.The limitation of this element leads to the emergence of many new ways of accepting bribes that can not be accurately convicted.Therefore,the issue of the preservation and abolition of this element has been put on the agenda and gradually become the focus of controversy.In practice,attitudes towards this requirement are also changing.Through various interpretations and regulations,the state is expanding the scope of bribery crime,while at the same time weakening the requirement of "seeking benefits for others".The author believes that in order to meet the needs of the Party and the state to crack down on corruption crimes and solve the dilemma of judicial practice,we must start to solve the irrationality of the provisions of the criminal law on bribery crime,and abolish the element of "seeking benefits for others" as soon as possible from the legislative point of view.The formulation and amendment of laws by the state is a very serious and important matter.Therefore,it is necessary to analyze the theoretical structure of the elements,study the relationship between the elements and bribery infringement on legal interests,find a theoretical basis,and then analyze it from the judicial and legislative perspectives,and put forward enforceable countermeasures to ensure that the difficulties in judicial practice are solved.At the same time,there will be no over-limitation of prosecution,so as to realize the reconstruction of the law,abolish the important element of bribery crime "seeking benefits for others" and get the confirmation of the rule of law,better fight against bribery-type corruption,and adapt to the new situation of strengthening the anti-corruption work of the state.