On the “Seeking Benefit for Others” Element in Bribery Crime——A Comment on Article 13 of Judicial Interpretation of Bribery Crime by Legal Dogmatics
HUANG Wei-ming;School of Law,Yantai University;
According to the interpretation by dogmatics of law,"seeking benefit for others"belongs to the objective element of crime. In terms of the subjective elements,there are historical reasons. The"seeking benefit for others"element has a full impact on the bribery crime. Its main function is to restrict the entry of sin. The judicial interpretation of "seeking benefit for others"which joint regulated the objective behavior with the meaning is a logic mistake. It is contrary to the proof rule that presumption is to replace the proof of the fact and proof the facts of the crime by "secondary presumption". The provision of "bribery after the event"clearly transcends liberal and legislative meanings and is a typical unauthorized. Therefore,the judicial interpretation of bribery crime should be taken seriously.
【CateGory Index】： D924.392