The Research On The Identification Of “Illegitimate Benefits” In Bribery Crime

According to Article 389 of the Criminal Law, illegitimate benefit is the key component of crime of offering bribes, and the accurate identification of illegitimate benefit is a great significance to the identification of crime of offering bribes.Illegitimate benefit can be understood as violating, the basic moral requests or interests of social norms. Those interests may be illegal and not illegal. There are various opinions in the academia. Some people think that the means of gaining interests are illegitimate, some think the interests are illegal, and some think that is against the position responsibility and so on. In the judicial practice, the definition of illegitimate benefit is modified continuously. There are two kinds of illegitimate benefit in the crime of offering bribes. One is procedural interests, which is against the regulated handling procedure of national law, policy and department rules for offering convenient to someone and making them gain benefits. Other one is substance interests, which violate law regulation, rules, policy and regulatory benefits.At present, the identification of illegitimate benefits are on the basis of the judicial explanation on offering bribes that issued in 2013. Then through considering comprehensively the subjective destination from briber, illegitimate benefits can be identified correctly. About giving gifts is called as motion investigation behavior and we can analysis it from three respects, which are reasonability of the value, congruity of time and rights of intervening. In the opinion of the author, combining country condition and law that to get the illegitimate benefits become the key component of crime of offering bribes is disadvantage of defeating bribery crime, limits the ideas of obtaining evidences for handling authorities, increases the difficulty of gathering evidence and waste the judicial resources largely.