Research On "Illegitimate Interests" In Bribery Crimes

"Criminal Law"(1997) the first time "illegitimate interests" of the constitutive elements of bribery were written. Although "unfair interests" is written "criminal law" to now almost twenty years the, but how to understand the attribute of "illegitimate interests" in the crime of offering bribes, form, content, scope and standards, has been the bribery crime is a difficult problem,Theory circle and judicial practice circle and great controversy.Bribery crime "to seek illegitimate interests" constitute elements, should be retained, this is not only the embodiment of the spirit of legislation, but also in the judicial practice of the subjective elements of the crime of bribery.The attribute of "illegitimate interests" can be understood from two aspects. On the one hand is refers to the illegal interests, which is in violation of laws, regulations, rules, policies and regulations of the interests of; because of this itself is illegal and can also be called the illegal interests. On the other hand, it refers to the procedural illegal interest, which requires the national staff to provide help or convenience in violation of laws, regulations, rules, regulations, policies and industry standards. For the "uncertain benefits", it should be defined as unfair interests.The criteria for determining the illegitimate interests can be from three aspects to judge:to the provisions of the law as the standard for judgment; to whether should benefit as the standard for judgment; to means is justified as the standard judge.In judicial practice, to recognize the "illegitimate benefits"shall be defined in the form of the material itself is not belong to the category of "interest", and then from the illegality of the entity of interest, illegal methods and bribery subject qualification and several aspects combined with comprehensive consideration. So as to better in the specific practice of the field that the illegal interests, better play to the criminal law and the suppression, better punish bribery crime.