Article 163 of the Criminal Law [the crime of accepting bribes by non-state functionaries] stipulates that:

A staff member of a company, enterprise or other unit who takes advantage of his position to ask for or illegally accept other people's property to seek benefits for others, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; Or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined.

That is, "the staff of companies, enterprises or other units", including the staff of non-state-owned companies, enterprises, institutions or other organizations.

That is, the perpetrator must use the convenience of his position to ask for the property of others or illegally accept the property of others to seek benefits for others.

①"Utilize the convenience of the job"

It refers to the convenient conditions for the staff of a company, enterprise or other unit to use their positions to organize, lead, supervise, supervise, manage, and take charge of a certain work.

② "Asking for other people's property"

It mainly refers to the staff members of companies, enterprises or other units asking for property from others on the condition that they seek benefits from others.

③ "Illegal acceptance of other people's property"

It mainly refers to the staff members of companies, enterprises or other units taking advantage of the convenience or power of their positions to accept property from others on their own initiative.

④ "Seeking benefits for others"

In terms of the nature of seeking benefits, it includes both legitimate and legitimate benefits that others should obtain, and illegal and illegitimate benefits that others should not obtain; in terms of the realization of benefits, it includes benefits that have been obtained for others , intends to seek or is seeking, but has not yet achieved benefits.

Anyone who has any of the following circumstances shall be identified as "seeking benefits for others", and if a crime is constituted, he shall be convicted and punished in accordance with the provisions of the Criminal Law on the crime of accepting bribes:

1) Actual or promise to seek benefits for others;

2) Knowing that others have specific entrustment matters;

3) He was not entrusted when he performed his duties, but later accepted other people's property based on the performance of his duties.

① Object of violation

It is the management system for the job activities of the staff of companies, enterprises, non-state-owned institutions and other organizations;

② Objective aspect

It is manifested as taking advantage of the position to ask for other people's property or illegally accepting other people's property to seek benefits for others, and the amount is relatively large;

③ The subject of the crime

is a special subject, that is, a staff member of a company, enterprise or other unit;

④ Subjective aspect

It is intentional, that is, the personnel of companies, enterprises and other units intentionally use their positions to accept or ask for bribes to seek benefits for others.