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

With the development of society,new criminal methods and forms of crime have continuously sprung up in determining the crime of being bribed in judicial practice,which has increased the difficulty of determining the crime of being bribed in practice.At the same time,whether the crime of being bribed must have the key factor of "seeking benefits for others" has also been continuously questioned.There are different theoretical perspectives in the theoretical circles that advocate deleting the key factor of "seeking benefits for others" and advocating to retain the key factor of "seeking benefits for others".In order to explore the realistic meaning of the key factor of "seeking benefits for others" in the crime of accepting bribery,also to more accurately identify the difficult problems of "emotional investment" behavior and subsequent bribery behavior in practice,the writing of this thesis was launched.The thesis includes the following four parts:The first part is about the development path of the essential key factors of "seeking benefits for others" in the crime of being bribed stipulated in the criminal legislation.In 1979,the Criminal Law established the crime of being bribed for the first time,but at that time it did not stipulate the key factor of "seeking benefits for others".Subsequently,several judicial interpretations were introduced consecutively to close loopholes in the criminal law.In 1997,the Criminal Law completed the criminal charges of the crime of being bribed and added the key factor of "seeking benefits for others" in the legal provisions of the crime of accepting bribes.With the new and difficult problems in practice,judicial interpretations have been introduced to further explain and complete the meaning of the key factor of "seeking benefits for others".The second part is about the understanding of the meaning of the key factors of"seeking benefits for others".Among them,“others" include not only the briber himself,but also the third person specified by the briber;“seek" has different meanings according to different classification basis.Through the difference of the behavior state,it is divided into the "seeking" as an act and the "seeking" as an inaction.Through the difference of the behavior completion tense,it is divided into the "seeking" of commitment,implementation,and realization;according to different perspectives of the division,“interests" explain the different types of their existence from the aspects of material and immaterial,justification and impropriety,the vested and expectation.The third part is to discuss about the doctrine divergence on the position of the key factor of "seeking benefits for others" in the key factors of the establishment of a crime and the controversy over the retention and abolition of this key factor.There are many theoretical disagreements on the key factors of "for the benefit of others",they has its basis and shortcomings.The author identifies with the "subjective excess key factor theory",and through further analysis and research on the above theory,the author puts forward his own proposition.That is,the crime of being bribed is established,which requires the intention of "profit making".As for whether there are objective behavior facts corresponding to "profit" in reality,it does not affect the establishment of the crime of accepting bribes,and the key factor of "seeking benefits for others" is actually a subjective excess key factor beyond the scope of the subjective key factors of the crime of bribery.Meanwhile,it discusses the different ways of handling the cancellation,retention,and vacillation of this key factor.The author identifies with the retention theory,that is,the key factor of "for the benefit of others" should be retained.The fourth part is about analysis and discussion of the difficult problems of the key factor of "seeking benefits for others" in judicial practice.Taking the new judicial interpretation as the starting point,it analyzes the different regulatory paths of "emotional investment" behavior,distinguishes its similarities and differences with the behavior of human relations,and explores whether "emotional investment" behavior should receive criticism from the criminal law;analyze the latest regulations and application of the new judicial interpretation on the bribery afterwards.