Does it constitute a crime to collect benefits?

1. If it is an agency fee, it is not illegal to accept tips from customers in the service industry.

2. Employees of companies, enterprises or other units take advantage of their positions to ask for or illegally accept other people's property and seek benefits for others. A large amount of behavior constitutes the crime of accepting bribes by non-state employees. The former crime of accepting bribes by employees of companies and enterprises will be merged into the crime of accepting bribes by non-state employees in the amendment to the Criminal Law.

3. State functionaries who take advantage of their positions to accept other people's property or illegally accept other people's interests to seek benefits for others are guilty of accepting bribes. The crime of accepting bribes violates the integrity of the position of state functionaries and the ownership of public and private property.

4. The Criminal Code of People's Republic of China (PRC) stipulates that:

(1) Article 385

State functionaries who take advantage of their positions to extort other people's property, or illegally accept other people's property and seek benefits for others, are guilty of accepting bribes.

The second paragraph stipulates: "Any state functionary who, in economic exchanges, violates state regulations and accepts kickbacks and service fees in various names and owns them by himself shall be punished as the crime of accepting bribes."

(2) Article 386 Whoever commits the crime of accepting bribes shall be punished in accordance with the provisions of Article 383 of this Law according to the amount and circumstances of accepting bribes. Whoever asks for a bribe will be punished more severely.

(3) Article 388 Any state functionary who, by taking advantage of his authority or position, seeks illegitimate interests for the trustee through the behavior of other state functionaries and asks for or accepts the trustee's property shall be punished as accepting bribes.

Extended data:

1. Asking for other people's property (accepting benefits), whether or not "seeking benefits for others", can constitute the crime of accepting bribes. Those who illegally accept other people's property must also have the conditions of "seeking benefits for others" in order to constitute the crime of accepting bribes. However, whether the interests sought for others are justified or not, and whether the interests sought for others are realized, does not affect the determination of the crime of accepting bribes.

2. State functionaries who, in economic exchanges, violate state regulations and accept kickbacks and service fees in various names are owned by individuals, shall be investigated for criminal responsibility for accepting bribes.

3. There are two ways to accept bribes:

(1) asking for bribes. That is, the actor takes the initiative to ask for property from others in official activities.

(2) taking bribes. That is, the actor illegally accepts other people's property and seeks benefits for others. The interests sought can be illegitimate interests or legitimate interests. The act of actively demanding other people's property is more harmful to society than passive bribery. The Criminal Law stipulates that taking advantage of one's position to ask for other people's property constitutes the crime of accepting bribes, and the actor is not required to seek benefits for others.

Baidu encyclopedia-bribery crime

China People's Congress Network-People's Republic of China (PRC) and China Criminal Law