Study On "To Seek Illegitimate Interests" Of Bribery

“To seek illegitimate gain” is the necessary requirement for the establishment of bribery.As one of the elements of bribery,since the 1979 “to seek illegitimate gain” has repeatedly experienced changes in the legal norms in criminal law.It is also quite controversial in the academic community.The interests includes legitimate interests and improper interests,which is also difficult to define.The legal interests of bribery is the national staff's non bribing and integrity.Treating "to seek illegitimate gain" as a constituent elements of bribery is no only harmful to realise the purpose of criminal law,but also contrary to the current of combatting corruption.The so-called “illegitimate gain” generally refers to the benefits gained through the violation of laws and regulations or rules.It is not bribery to give state staff a fortune under certain pressure without an illegitimate gain.From the perspective of bribe-taking,as long as the national staff accept the property and seek interests for others,the national staff have set up bribery regardless of the interests legitimate or not.As correspondence offense,it is hard to say in legal logical that there is a bribe-taking without bribery.Whether from the perspective of the legislative background or from the perspective of legal protection,the composition of bribery elements should be adjusted.“To seek illegitimate gain” should be removed from the elements with the improvement of law and regulations.