On The Abolishment Of The Essence Of "Seeking Profits For Others" In Bribery Crime

The current "criminal law" article 385 paragraph 1:state functionaries by taking advantage of his position ask for the property of others, property, or illegally accept others for the benefit of others, is taking bribes. According to law, our country for the establishment of the bribery crime not only requires using state personnel position to receive property, others must also have the requirements of "seek interests for others". Based on the requirements of "seek interests for others" as the breakthrough point, on the requirements of the development of change and waste debate on system analysis, and based on this, advances shall cancel the requirement point of view.The first part of the research of this thesis and domestic scholars about the necessity of "seek interests for others" is the objective elements and subjective elements of bribery and the requirement to save waste debate, to form a overall understanding of the requirements.The second part through combing "seek interests for others" element evolution of bribery legislation in our country and outside the introduction of general situation of the legal provisions about the component elements of bribery, to reveal the reason for the existence of the requirements of the bribery legislation in our country and the related legislation outside of the difference, form of taking bribes from contrast constitutive requirements should be how to set up slightly at the beginning of views.The third part of the scholars of our country about the requirements of "seek interests for others" to review and summarize deposit dispute reason for scrap and compared.Then, on the basis of these scraps, the writer analyzed the defects and to "preserve" the reasonable parts of the theory of "cancel", and the further thinking of the elements are obtained:one that shall be of the elements shall be maintained scholars argue that the requirement is not only the result of China’s judicial practice experience accumulated, reflect the need of judicial practice, and conform to the practical circumstances in our country, meet the austerity of criminal law requirements, if cancel the requirement blindly, will go against bribery crime punishment; And of the elements has been skeptical scholars argue that the existence of the elements it is increasing the difficulty of judicial cognizance, easy cause for some the indulgence of the bribery crime, the second is the existence of the requirement goes against the original set about the purpose of criminal policy, three is the existence of the elements from taking bribes to protect the legal interests of ways also lack was based on.The fourth part is on the basis of the former two parts put forward the views of the author think that shall cancel the condition, and the corresponding reasons and solutions to possible problems after cancellation. The author thinks that the reason of shall cancel the elements include the following three points:first, to cancel the requirement after the constitutive requirements of more in line with the fundamental nature of bribery crime. Second, cancel the requirement is advantageous to the practice of bribery crime, but also to criminal punishment; Third, cancel the requirement more balanced principle applies in the law. And after cancel the requirement for different situation of "seek interests for others", if the state functionaries in accepting property, others have the benefit of subjective idea, but realize cannot, due to objective conditions still for taking convicted and punished; If the state functionaries subjectively no idea for the benefit of others, accepting others property, for the benefit of others, finally also does not have to click fraud convicted and punished. As for the cancellation of "seek interests for others" requirements how to distinguish bribery crime and normal after receive gifts behavior, can from behavioral motivation, gift the relationship and the amount of property different for comprehensive judgment and behavior.This article through the above four parts bribes to "seek interests for others" element as the insufficiency of constitutive requirements and the requirements should not be constitutive requirements for taking bribes, continues to exist problems such as in-depth analysis, in order to better provide strong theoretical support to crack down on the crime of bribery.