Study On "to Seek Illegitimate Interests" Elements Of The Crime Of Bribery

Currently,the judicial practice bribery investigation and punishment of the crime ofbribery is far below, the main reason lies in the definition of the crime of bribery,"seekillegitimate interests" requirement is unclear. In this paper, the author work practice,"toseek illegitimate interests," Elements of a comprehensive interpretation, to provide a moresystematic theoretical advice to investigate bribery, trying to change the status of efforts toinvestigate the crime of bribery of varying line."Seek illegitimate interests" requirement into the Criminal Code in1997when theoverhaul law, after "two high" repeatedly interpreted the requirement to recognize theacademic requirements of the main illegal profits that means unfair to say,contrary to theduties say and uncertain benefits, said so on, I basically agree with uncertain benefits thatand the views were perfect. From the end of the judicial interpretation of view, this view ismore appropriate."Seek illegitimate interests" in the constitution of a crime should belong to thesubjective element,the third paragraph of Penal Code section389also implies this element.In this paper, the judicial interpretation of "laws, regulations, rules, policies, industrystandards" should be elaborated how to identify, especially the "policy" and "industrystandards" finds, does not have a clear concept of the relevant provisions of years, and thisis justice practice where the focus of debate, this article focuses on these two conceptswere discussed.Due to "seek illegitimate interests" Elements of controversy in the theory and practiceof relatively large, it is recommended to cancel the elements of a high voice, but I departfrom handling practices, social status and historical conditions as the basis, the elementsshould be preserved.