Judicial Identification Of “Improper Benefits” In Bribery

The strong strike of bribery crime requires judicial workers to correctly identify the constitutive requirements,but there is a fierce controversy over the understanding of “improper benefits” in bribery both theoretically and practically.The author uses comparative analysis,case analysis and other methods to analyze the judicial status of bribery,trying to find the reason for false identification of “improper benefits” and give some corresponding solutions to this problem.This article is divided into three parts,with a total of more than 15,000 words.The first part is analysis of the judicial status of “improper benefits” of bribery.First of all,the author makes relevant laws clear and explicit the identification trend and main problems of “improper benefits”.Next,the author analyze the judicial status of bribery,trying to find the reason for false identification of “improper benefits”,mainly including deviation,fuzziness and identification process of the abstract dealing in the judicial practice.The second part is the analysis of the reason for false identification of“improper benefits”.Firstly,a very important reason is that there exists various identification standards for “improper benefits”,mainly including its own attributes problems,and some controversies like “unfair means” and“violation of duty”.Secondly,there isn't some necessary discussion of the distinguishment between active and passive bribery when “improper benefits” is being identified.The third part is some solutions to the problem.Firstly,“improper benefits” shall be expandedly explained with a certain degree of "tolerance".Secondly,considering the previous mass situation where situation identification is not distinguished,the current officialdom situation and foreign practical experience,active and passive bribery shall be distinguished when identifying “improper benefits”.The identification of active bribery shall obey to “unfair means”,while the identification of passive bribery shall start with issues beneficial to entrusting person,adopting part of the point ofview “illegal interests” and “duty violation”.Finally,the author puts forward his own solution to some important problems.Firstly,whether it is the “trade of money”,as well as the specific circumstance of a particular case shall be considered when distinguishing active and passive bribery.Secondly,the connection of behavior and “unsure benefits” shall be cleared when seeking for unsure profits.Thirdly,comprehensive judgement and accurate clarification shall be made for “emotional investment” such as gift-giving.