On Abolition "To Seek Improper Interests" In Bribery

According to paragraph 1 of article 389 of the criminal law,the crime of bribery is a behavior that people give the national staffs the property to seek improper benefits.So,whether the actor has the purpose of seeking illegitimate interests is the important prerequisite to define a bribe.The behavior of the briber is buying off the position while the behavior of the grafter is selling the position.They both violate the authority of the state staff which can't be bought off.But in legislation,the crime of offering bribes is strict while the crime of taking bribes is not so strict.It only stipulates “seeking interests for others”,this interest has no connection with “unjustifiable”.Only the crime of offering bribes is required to conform to “seeking illegitimate interests”.To some extent,it leads to a situation that we pay more attention to bribe-taking while pay less attention to bribe-offering when dealing with the crime of bribery.This is not consistent with judiciary authorities who request severe punishment on bribery criminals.At the beginning of making the law of the crime of bribery,there is an argument on whether “seeking illegitimate interests” should be abolished in the field of the law.When talking about“seeking illegitimate interests”,there are many theories such as “illegal profit” ? ”unjustified means” and “violates functionary” etc.In judicial practice,the definition of "seeking illegitimate interests" in bribery crime is vague and confused.Although the Supreme Judicial Court and the Supreme People's Procuratorate repeated the introduction of judicial interpretation to extend the meaning of “seeking illegitimate interests”.But in judicial practice,there are some situations that we can't define whether the interests the bribers sought are legitimate.Because of a lack of evidence or no evidence some bribery criminals are at large.Whether from the academic perspective of criminal law theories or from the practical perspective of judicial fight against crime,“seeking unjust interests” should not become the components of the bribery.The abolition of “to seek improper interests” is not only conducive to eliminating the difficulty of bribery judicial cognizance but also unable to lead to the risk of bribery expansion,which conforms more to the practice of international legislation and the aim of criminal lawlegislation.The abolition is beneficial to achieving the goal of effectively restraining bribery crime.So,I suggest changing “seeking improper interests” in article 389,390,391 and 393 of the criminal law into “the behavior of using others' position”.