The Research Of "to Seek Illegitimate Interests" Of Crime Of Offering Bribes

Based on realize the crime of offering bribes in criminal law has thegeneral character,the paper selects the crime of offering bribes whichagainst the integrity of national public officials as a study object.It focuson the core of "to seek illegitimate interests",and divides into three partsto do the research and analysis.The first part in-depth analysises the legal attributes of "to seekillegitimate interests"，and the paper argues that "to seek illegitimateinterests" is the essential elements and the subjective elements of thecrime of offering bribes，and it is not the essential elements of the secondparagraph of article389th of the criminal law.The second part conducts the definition of "to seek illegitimateinterests" through the theoretical analysis and the interpretation of thelaw，and thinks the existing theories and judicial interpretation havedefectsThe third part mainly discusses the "uncertain interests areillegitimate interests or not","daily to send money to ’emotionalinvestment’ behavior can be identified as bribery" that common problemsin judicial practice.Then it incidentally discusses the problem of therecovery of "illegitimate interests", and consults that it can refer to thedifferent classification of illegitimate interests, according to the differentobjects of interest to discriminate the disposal regulations. At the end ofthe paper, it puts forward suggestion about "to seek illegitimateinterests"of the crime of offering bribes.