An Analysis Of The Elements Of "seeking Benefits For Others" In The Crime Of Accepting Bribes

According to the provisions of Article 385 of the Criminal Law of China,the acts of accepting bribes include accepting bribes and claiming bribes.In the case of claiming bribery,the constitution does not require the perpetrator to “seek for others” and accepts bribery.The composition requires the actor to "for the benefit of others." The profit-making elements in the crime of accepting bribery have been controversial in recent years,and this essential element is also the core of this article.With the promulgation of the Criminal Law Amendment(IX),China's legal network for accepting bribes has become increasingly strict.However,there are still elements in the criminal constitutional elements of accepting bribes that cannot keep pace with the times,and they have been repeatedly criticized in practice.Because of the different understanding of the "profit-making" elements,the judicial results of the same cases in the judicial cases are often very different in different courts.In view of this status quo,this article introduces the basic connotation of "seeking for others' interests";sums up the historical trajectory of the development of this element in China and other countries and the disputes between the theoretical circles on the necessity and the abolition of this element;the analysis is triggered by the existence of the element Legislation and judicial issues;trying to explore the rationality and necessity of retaining the elements;finally,on the basis of retaining this element,how to identify some difficult problems in current judicial practice.The first chapter of this paper is about the understanding of the literal meaning of the "profit" element.The interpretation of the text is the basis of legal interpretation.The study of the law should first explain and understand the key terms such as "others" and "interests".The basis of the element is also to explore the basis of the element,through the interpretation of these words,define the connotation of the element.Secondly,it mainly introduces the "cancellation" and "retention" in the current doctrine,and puts forward the idea of agreeing with the "reservation theory".The second chapter of this paper mainly introduces the current legislative status of the "Essence of Profits" in the Anglo-American legal system and other countries in the civil law system,including the United Nations Convention against Corruption,which the United Kingdom,the United States,Germany,and Japan and China have joined.The third chapter starts from the level of jurisprudence and judicial interpretation.Firstly,it analyzes the four theoretical views on the legal principle of "profit" and expounds the viewpoint of this article.Secondly,it is demonstrated from the judicial interpretation level that the requirements are in line with the principle of legality of the crime and the relationship with judicial expansion.The fourth chapter is to explore the author's solution to the problem that the judicial practice is difficult to identify in the emotional investment behavior and the post-acceptance of bribery in the case that the current "profit-making" elements still exist.