| The term,“to Seek Illegitimate Interests ” of the crime of bribery,has a long history.Since it was incorporated into criminal law in 1997,the theoretical and the practical held different views about it.In theoretical articles,the meaning of “to seek illegitimate interests” focus on the definition of ”the illegitimate interests”.There are some theories,such as illegal interests,undue interests,improper means,the breach of duties,compromise and so on.Judicial practical points out related judicial interpretation for “to seek illegitimate interests”.The meaning of “illegitimate interests” should include the illegitimate interests of the entity,the illegitimate interests of procedure and uncertain interests.“To seek illegitimate interests” will be regarded as the main purpose of bribery by judicial practice,which leads to the difficulties in identifying and proving.In academia,there is a great deal of disagreement about the definition of “to seek illegitimate interests”,which has the theory of the deny of constituent elements,the theory of subjective elements,the theory of objective elements,the compromise theory,the theory of processing respectively and other theories.The study of the nature of “to seek illegitimate interests” should be explored from its essence.It should not to be researched only from the perspective of subjective and objective,but also from the perspective of illegal to determine whether it should be as an essential component of bribery.From its literal expression and legislative intent,it is the rule of subjective purpose from perpetrator.From its perspective of illegality and responsibility,“to seek illegitimate interests” is illegal elements,which is the element of constituent elements.The identification for “to seek illegitimate interests” should be carried out in different respects.If the seeking interests itself is not illegitimate,that means the entity is illegitimate.Then it should be identified as “illegitimate interests”.If the interests itself is justified,but the means of seeking interests is illegal which has improper procedure.Then it also should be identified as “illegitimate interests”.The entity and procedure of seeking interests are justified,but its financial behavior undermine the principle of fairness and justice,should also be identified as “illegitimate interests”.The confirmation of seeking competitive advantage must be judged from whether it breaks the principles of fairness and justice in essence.In the general action of bribery,as long as the “unjustified benefits” can be confirmed,and at the same time it includes the action of giving national officials properties,it can be confirmed as “seeking unjustified benefits” and constitute crime of offering bribes.In the special type of bribery,not only to identify the “illegitimate interests”,but also should identify “to seek”. |
