On Abolishing the Element "to Seek Benefit for Briber" in the Crime of Taking Bribes:from the Perspective of Criminal Policy Against Corruption and Bribery

From the Perspectives of Criminal Policy Against corruption and bribery and trade-offs of legal interests,the legal interests of bribery is a violation of national staff's incorruptibility and People's trust in the fairness.As long as the officer request,agree and accept property or other interest by power of his position,he would commit bribery.To seek benefit for briber is one of elements of the crime of taking bribes according to the rules of The Criminal Law of The People's Republic of China,but there are deferent views on this element.The element is superfluous and unnecessary and should be abolished in the elements of the crime of taking bribes.The element should be one of discretion plots.