The Identification Of "unfair Interests" In Bribery Crimes

With the progress of the anti-corruption battle,China is facing a severe test, and in the process of anti-corruption, cognizance of bribery crime has become a social focus,which attracted a lot of attention in academic study.Analysis of typical cases of bribery in the judicial practice shows that the key to identifying the crime of bribery is whether the judgment act is 'to seek illegitimate interests' purpose. Unfair interests in criminal law is the alleged lack of legitimacy of the interests. The study of China's bribery crime 'illegitimate interests' in the legislative history and meaning, legislative and judicial organs of China, to 'seek illegitimate interests' elements have a scratch, narrowed the legislative and judicial interpretation of the changes, we can see our understanding of the elements of the profound, the scope of its application is also in the continuous expansion. Therefore, in the criminal policy of combining punishment with leniency as well as fully embodies the principle of modesty, in judicial identification, first of all, we confirm that 'to seek the improper benefit subjective' belongs to bribery crime, improper interests include the interests of illegal interests and illegal means; secondly, 'illegitimate interests' in judicial cognizance are based on the provisions of the criminal law, including four main explanatory document specification. In practice, this doctrine should be taken in to account when we are at the judicial interpretation of bribery.In addition, the bribery subjective purpose 'ambiguous' or bribery trust issues is unknown, such as 'emotional investment' and other circumstances, it should be based on the generally accepted and approved by the majority of the people and the use of meaning as a standard, and combining with the subjective of all aspects of the situation of bribery. Finally, the theory of the repeal of 'to seek illegitimate interests' doctrine is not desirable, and maintain this subjective element, will be more conducive to more effectively combat the social harm of bribery...