Research On The Elements Of "Seeking Benefits For Others" In The Crime Of Accepting Bribes

Since the Criminal Law stipulates that "seeking benefits for others" is one of the constituent elements of the crime of taking bribes,this element has been constantly disputed in theory and practice.Through the analysis of the latest cases,we find the problems in the identification of profit-seeking elements and the reasons why it is difficult to be identified in the new type of bribery cases.By analyzing the application of relevant judicial interpretations,the author finds out the reasons for the low application rate.The reason is that the positioning of profit-seeking elements is controversial and lacks proper theoretical explanation.In order to solve this problem,scholars put forward theories such as cancellation theory,objective theory,subjective theory and new objective theory,all of which have some drawbacks,among which the subjective motive theory is more reasonable.The theory of subjective motive locates the element of "seeking benefits for others" as the element of subjective motive,and correctly locates the position of the element of seeking profits in the system of constituent elements,so that it can adapt to the need of punishing bribery crime under the premise of not violating the principle of legality of crime and punishment.The subjective motive theory interprets the relevant judicial interpretation as the factual circumstances of identifying profit-seeking elements,which not only resolves the risk that the interpretation may violate the principle of legality of crime and punishment,but also solves the problem of false commitment that the profit-seeking elements are difficult to prove and other theories cannot explain.In addition,it can reasonably deal with the problem of not being criminalized in the act of taking bribes after the fact and the act of "emotional investment" because the elements of seeking profit cannot be identified.At the same time,it also puts forward its own views on the inconsistent standards for the identification of the elements of bribery for profit,in order to further improve the legislation.