On "Unfair Interests" In The Crime Of Offering Bribes In China

In judicial practice, the crime of bribery is a common crime, the judicial organ has been focus on investigating the crime of bribery, the degree of attention to the crime of bribery has been not enough. In fact, rampant bribery and bribery prevalent are inextricably linked, and even bribery has become the unspoken rule in some places, the is almost well known. In order to curb this phenomenon, the judicial organs have understanding and trying to cure the damage of unfair competition "acne", also our country’s legal system of social health, orderly, fair, fair environment, the fight against bribery and not a start, overnight, is a long-term process. Heavy blow. "To seek illegitimate interests" is the bribery crime, is the provisions of article 389 th of the criminal law, accurately identified the "illegitimate benefits" for identification of bribery is heavy To the significance of the judicial practice in China to combat bribery crime has a guiding role.This paper is divided into three parts:First, the research is the connotation of bribery "unfair interests". Literally can be "unfair interests" interpretation to violate the most basic moral and social norms of interests, from a theoretical perspective "unfair interests" also exist a lot of different points of view, such as "illegal interests said", "illegal benefits", "post violation", "improper". In judicial practice, "unfair interest" definition also revised constantly. The crime of bribery "illegitimate benefits" including entity benefit and procedure of interests. Substantive interests in violation of laws, regulations, rules and the interests of the policies and regulations; procedural interests in violation of laws, regulations, rules, policies, industry norms provide help or the convenience condition. Considering the actual situation of our country, in the comprehensive legislation will "to seek illegitimate interests" identified as constitute an essential element of the crime of offering bribes to the fight against the crime of bribery is more favorable, because the embodiment of the actor’s subjective purpose is the subjective element of the crime of bribery, is the implementation of is the inner cause of bribery, that is motivation.Second, judicial determination of "illegitimate interests". The identified "unfair interests" used is 2013 < the Supreme People’s court, Supreme People’s Procuratorate on Several Issues concerning the specific application of law in the handling of bribery criminal case explanation > as the basis. Such as "emotional investment behavior recognized this problem, should be both true daily relationship, give property targeted, behavior motivation, behavioral consequences considered; in the problems of the recovery of" illegitimate interests "to careful control of" illegitimate interests ", the relevant departments must be in accordance with the laws and regulations of the photographic.Third is whether to retain the "to seek illegitimate interests" as constituting elements of bribery crime in the debate. The problem in the theory circle and practice circle have great controversy, view of abolition had higher voice. In the author’s opinion, no matter from the theoretical research, or from the judicial practice experience of due to retain the "to seek illegitimate interests" as constituting elements of bribery crime.