On "to Seek Illegitimate Interests" In The Crime Of Bribery

According to the provisions of article 389 of criminal law in our coutry, “To seek unjustified interests” is the components of bribery. It means that, the accurate definition and concluded that the constitutive requirements of bribery conviction and sentencing has important meaning.Integrated legislative purpose and the present stage in China's national conditions,to keep the constitutive requirements is more conductive to crack down on the crime of bribery. It enbodies the subjective intention of the behaviors to seek improper interest,and is the subjective elements of bribery.At the same time, “for the purpose of securing illegitimate benefits”,the elements in the impact of bribery, is pertaining to the subjective element of bribery.About the definition of “to seek improper interest”, there are a lot of controversy between both the theoretical circle and judicial practice.Based on the summary and evaluation on the basis of existing research results,and choose in 2013 legal interpretation of bribery crime.Comprehensive considerations the bribe persons' subjective purpose at the same time,we determine a set of “the purpose of securing illegitimate benefits”defined standards theoretically.It mainly includes three types:entity unlawful benefits;program illegal intrests and the uncertain of profit by unfair means.In judicial practice,this paper puts forward approachs to identify the essential constituent elements of bribery-“to seek illegitimate interests”.In identifying objective bribery behavior,we also tring to find out the bribers' subjective purpose and providing the reference for the puzzling problems,such as judicature recognized of ‘uncertain benifits';‘emotional investment' behavior and ‘unfair competition'. “to seek in the plot of illegitimate interests”is not only a convition,also be the basis of sentencing.It directly refects the social harmfulness of the offenders' subjective vicious and behavior,and intutive shows the briery brings harm to the society.Using statistical method,this paper makes an empirical analysis on the influencing factors of bribery sentencing,and puts forword with innovative that bribers seeking the “ improper benifits”have important effects on bribery sentencing factors.It also puts forward some suggestions to perfect,wishing to be able to provide some ideas for our contry to crack down on the crime of bribery.