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

"Seeking benefits for others",as a component of the crime of bribery,has its unique legislative evolution process.This process reflects the ever-changing trend of bribery forms with the continuous development of contemporary Chinese society.Under the new situation,it is inevitably accompanied by a series of difficulties in identifying bribery.In order to solve these problems,the criminal law academia has conducted in-depth discussions,but unfortunately,it is difficult for the author to see which side "wins".This article will adopt a new perspective to provide a more reasonable solution to these difficult issues regarding the elements of interest.This article follows the idea of finding and solving problems.In theoretical circles,there have been individual scholars who believe that the interest element should be deleted,but this article believes that the interest element should be retained.However,at the same time,it must also be recognized that the element of reservation of interests can cause difficulties in determining practice.There is a dilemma in identifying the elements of interest in both traditional and new bribery crimes.By analyzing the causes of problems in practice,it is found that they cannot be separated from the issue of defining the nature of "seeking benefits for others".By comparing various theories,the author has made his own definition of the elements of interest.It may be most appropriate to identify it as a subjective element of illegality.As a subjective element,this element no longer belongs to the element of responsibility,as in traditional theories,but has become an illegal element.According to the viewpoint maintained in this article,the act of accepting property after a false promise does not meet the requirements of the benefit element in the crime of bribery,and is essentially a fraud.The matters in "knowingly knowing that others have specific requests" do not require such specific clarification as obtaining the contracting rights for Project A.As long as both parties have a specific relationship and others have submitted a "first class request" for project contracting to national staff,the perpetrator can be deemed to be knowingly aware.The punishment for the actor who received money after the event is not due to his previous performance of his or her own work tasks and seeking benefits for others,but rather to the behavior of the actor who knowingly obtained benefits for others while still accepting property from others.At this time,the actor meets the requirements of the benefit element in the crime of bribery,and the punishment is not due to the behavior of performing his or her duties before,but rather to the behavior of later accepting property with the subjective benefit element.At this point,the subjective illegal intention,this article believes that should be "seeking benefits for others.".In emotional investment,because others do not have specific requests,whether the actor has a subjective interest seeking intention has become a core issue that cannot be avoided.This article advocates that the actor has the elements of interest,and the subjective intention at this time can be understood as a generalized profit-making intention.