The Study Of “Improper Interests” In Bribery

"Acquisition of improper interests" means that the bribers pursuing his own interests or getting facilitating conditions by violating laws?regulations?rules?policies,or forcing other state staff to violate the laws?regulations?rules?policies?professional standards.The entry of "Acquisition of improper interests" in bribery experienced a developing process which is from scratch to constant improvement as well.To fully understand the meaning of "acquisition of improper interests",we must first interpret it with the attribute of interests.When the interests are defined as illegal,it is obvious that we can classify the them as "improper interests" without considering their legitimacy.On the contrary,when the interests belong to legal interests or uncertain interests,we need to specifically analyze it by considering the facilitating conditions or helping behaviour given by state staff.The determination of "acquisition of improper interests" is as follows.First,it is a necessity to ensure the externalized form of interests in order to make sure what the actor pursues can be classified as "interests" or not.Secondly,convict in accordance to the criminal law,apply judicial interpretations accurately,and analyze the legitimacy of interests appropriately.Finally,a comprehensive analysis based on the specific behaviors of the actor in addition to the ways and procedures assisted by the state staff.By doing that we can convict several kinds of bribery,including "giving money to get access","emotional investment","acquiring competitive advantage",and "acquiring uncertain interests" in a much more efficient way.Whether "acquisition of improper interests" stands will not have an influence on the conviction of bribery which have already happened,however what kind of benefits the actor obtained will have an impact on the sentencing of bribery.As long as the "improper interests" can be externalized as actual behaviors and lead to crimes,then cumulative punishment should be carried out.When pursuing and dealing with "improper interests",if it is about "improper financial interests",it is a must to recover the financial property no matter whether it is direct or indirect interests.As for the "improper non-financial interests",it is still a wise choice for relevant departments to carry out internal processing in order to restore the legal interests to how it was as far as possible,although it is impossible to deal it with the way of recovering.In order to solve the existed difficulties in recovering and processing,we need to do a)improve the legal norms of bribery recovery and handling mechanisms;b)define the scope of bribery recovery and delineate a common standard for bribe amount;c)make up the loopholes in the supervision mechanism in the recovery work,and improve the relevant relief work;and d)standardize the subject qualifications in recovering process,clarify the level of legal permissions owned by each judicial authorities in the process of recovering illegal interests,and improve responsibility investigation mechanisms.