Research On "Seeking For Improper Benefits" In Bribery Crime

There are two manifestations of “seeking for improper benefits ” in bribery crime,namely,"seeking improper benefits for the entrusting person" and "in order to seeking for improper benefits".What is “improper benefits” have caused a lot of controversy in the theoretical and practical circles.I think to be clear what is the improper benefits,the analysis according to “the benefits” itself is far more enough,because the describe of improper benefits only appear in bribery crime in the criminal code,so we must explore it in the context of bribery,and the key of bribery crime is the exchange between the duty behavior and property,and therefore when we discuss it,we must integrate it with the way how to obtain the improper benefits,based on the difference between behavior body,the ways of “seeking for improper benefits ”in different bribery crime charges have different connotations.The first part of this paper starts from the present situation of legislation,confirms that the provisions of "seeking for improper benefits" still have certain necessity under the current social situation,and the relevant judicial interpretation is introduced and analyzed,then making some bedding for the second part of the discussion.At the end of this part,the author briefly introduces the legislation of some countries and regions,and clarifies that in the context of the existence of legislative differences,it does not prevent us from explaining some of the elements of our criminal law by referring to the legislative ideas of other countries and regions.The second part of this article first introduced the academic community for the "improper benefits" of many points of view,and conducted a preliminary analysis.I believe that since the core of bribery is "job behavior",it is necessary to define the "improper benefits" around the job behavior,and with the help of the judicial interpretation of the provisions,I elaborated on the definition of the content.After the initial clarification of the connotation of the elements,the third part of this article focuses on the analysis of the nature of the "improper benefits" in the bribery crime,that is,whether it is subjective elements or objective elements.Through the analysis of the process,I used some cases,hoping to provide judicial personnel some help in practice.The fourth part of this article is to classified some typical problems,and focused on the analysis.Such as bribery in the economic sphere,the issue of emotional investment bribery and so on.It is noteworthy that in judging the improper benefit,we must be carry out specific,individual judgments,because even if the behavior is similar,in different conditions,the subjective,objective will be different,so there will still be different between crime and non-crime.