The Research On The Identification Of "Illegitimate Benefits" In Bribery Crime In China

In recent years,the procuratorial authority has cracked down an increasing number of cases of bribery with intensity as well as fighting against corruption upgrades in China.However,the legal standard of evidence for bribery cases is becoming stricter as the reform deepening in litigation system that is centered on evidence.In legal practice,there has been a split of opinions on what is the definition of "profiteering"in bribery cases,and theories offering different explanations diverge in the academia.This dissertation studies how“profiteering”is defined in theory and how it is applied in practice,and provides an analysis of its characteristics showing in bribery cases which handled by the Shizuishan Municipal Procuratorate,Ningxia,and explores on divergence in how "profiteering" is determined in different occasions in legal practice.Then through the above analysis,it summarizes the method of identifying"profiteering ",and advices on each of the divergent opinions.Apart from the introduction part,this dissertation is divided into four sections.The first section states how "profiteering" is defined in law from the perspective of the relationship between interests and the law,and explains the reasons why we put efforts on clarification.The second section presents and analyses competent laws,regulations,and judicial interpretations on“profiteering";the third section shows statistics of bribery cases handled by the Shizuishan Municipal Procuratorate,Ningxia,and summarizes from the data characteristics in three aspects,first in general,then on requested matters,and last on the method of“profiteering",and using these as cases for discussion on divergence in how "profiteering" is determined in different occasions in legal practice;the fourth section proposes a method of judicial determination of "profiteering",and advices on divergence in how "profiteering"is determined.