The Research On The Identification Of "Illegitimate Benefits "in Bribery Crime

According to the provisions of article389of criminal law, whoever, for the purpose of securing “illegitimate benefits”, gives money or property to a state functionaryshall be guilty of offering bribes, it is obvious to tell that “for the purpose of securing illegitimate benefits”is one of the key components in the criminal law. This means that, whether the briber conducts bribery for the purpose of securing illegitimate benefit is essential for properly identify what the crime of bribery is.Therefore, precisely understand what the “illegitimate benefits” is vital in identifying the bribery.“Illegitimate benefits” literally translates as a person or a group of acquired isirrational and legitimacy, do not accord with the needs of social development andpeople’s interests, do not accord with at least the minimum standard of ethics,individual or collective survival and development, production or social activities onthe basis of the material and cultural life of the various needs. There are manyopinions on the range of illegitimate benefits, such as “illegitimate benefits theory”,“unearned gain theory”,“illegal method theory”,“violating position theory”and“compromising theory”. In judicial practice, the definition of “illegitimate benefits”is also constantly being modified. There are two types of “illegitimate benefits”, oneis substantive interests, that is “violates laws, regulations, rules, regulations orpolicies of the interests”;the other one is procedural interests, that is “ask the otherside violates laws, regulations, rules, regulations, policies, industry norms help orconvenient conditions.”Considering our comprehensive national conditions and legislative provisions,identifying “to seek illegitimate interests” as essential constituent elements of briberyis more conducive to the fight against the crime of bribery. It is reflected in thebehavior of human subjective intent to obtain improper benefits purposes.“To seekunjustified interests” the elements in the status of bribery is to belong to the briberysubjective factor, it is to carry out the purpose of bribery behavior.In judicial practice, the identification of illegitimate benefits in bribery crimesneeds to apply in Several Legal Issues on bribery criminal case by Supreme People’sCourt, Supreme People’s Procuratorate(2013legal interpretation of bribery crime)first, then needs to consider the subjective purpose of bribe people. To solve commonproblems such as “daily to send money to ’emotional investment’ behavior can be identified as bribery” needs to analyze four aspects: the relationship of briber andbribery person, the purpose of briber, the targeted of giving property and thebehavioral consequences. Another problem is how to recover illegitimate benefits. Itis very important to define the range of illegitimate benefits strictly. The “illegitimateproperty interests” should be recovered or ordered restitution.The“other improperbenefits” should be dealt within accordance with the relevant provisions of therelevant departments.