Identification Of The Elements Of Unjust Interests In The Crime Of Offering Bribes

"To seek illegitimate benefits" is one of the constitutive requirements of bribery crime. However, disputes exist in the understanding of this constitutive requirement in theoretical studies and the position of this constitutive requirement in practice. In recognizing bribery crime, the existence of "to seek illegitimate benefits" has the substantial influence on the establishment of the bribery crime. Therefore, how to recognize "to seek illegitimate benefits" is very necessary in the recognition of bribery crime.Based on the guidance of proposition, analysis and solutions, this thesis can be divided into three parts. Firstly, the author conducts analysis of the relevant disputes of "to seek illegitimate benefits" in theoretical studies with the focus on reservation and abolition of this constitutive requirement and the objective and subjective aspects of this constitutive requirement. Secondly, the author makes analysis of the status quo and challenges of this constitutive requirement in practice which mainly includes obfuscation of "illegitimate benefits" and difficulties in the recognition of this constitutive requirement in certain new types of crimes. Thirdly, the author puts forward some solutions of this important requirement both in theoretical studies and in practice. For disputes in theoretical studies, the author holds the opinion that this requirement should be reserved and classified as the subjective element; for disputes in practice, the author believes that the uncertain interests should not be regarded as the illegitimate benefits. The author also comes up with her opinions on the recognition of emotional investments. Through the above-mentioned analysis and arguments, it is expected that this thesis could shed some light on the resolution of problems both in theoretical studies and in practice.