论受贿罪中的“为他人谋取利益”-法律学专业论文.docxVIP

ABSTRACTAccording ABSTRACT According to the first paragraph of article 385 of current criminal law of country’s stipulation，national staff members commit the Mbefy crime if they took advantage of post to receive others。property illegally and seek the interests for others．Le．we call receiving type bribery crime usually,and this behavior must have important document of’’seek interests for others”at the same time,then could commit the bribery crime．But because the different understanding of this establishment demand of”seek interests for others”in theory circle and judicial circle,the determining ofthe nature ofact ofaccepting bribe and the unify oflegal system influenced directly．At the same time,this fact fetter the确dc ofthejudicial authority,indulge the criminal．Combining the question and contradiction meted in the judicial practice,I propose the query about”seeks the interests for others’’forming the important document ofthe bribery crime．On the system and structure this text is divided into three parts together besides foreword： The first part explain the legislative course that take’’seek interests for others”as piece of country bribery crime at first,and have proposed how to understand the‘‘seek interests for others’，analyzed various theories about the proporty of”sought the interests for others”as the forms ofbribery crime emphatically．There mainly are”old objec6ve important documents say ”，”the new objective important document say”，’’the subjective important document say”and’’ the double important document say’four doctrines and on．Various views have lot of contradiction between theory and practice，and there has kind of views becoming the Say openly having the advantage in the theory circle of criminal law,and have not formed unified understanding in thejudicial practice either． The second part analyze the crime count issue which the”seek interests for others”commit crime．How to deal with the fact that the behavioral of seeking interests for others commit the