On The Judicial Dilemma And Interpretation Path Of The Crime Of Bribery

With the increasing anti-corruption efforts,bribery cases’ have increased,but compared with bribery cases,the investigation and punishment of bribery cases is obviously on the low side.The reasons are the situation policy,investigation strategy,the special constituent elements of bribery crime and the special provisions of the law on bribery crime.This paper mainly discusses the criminal law.Article 389 In the determination of the crime of bribery there are controversial "for the purpose of obtaining unfair interests" requirements,"unfair interests" definition,the scope of"property" and other issues.In addition to the introduction and conclusion,the article is divided into three parts.The first part analyzes the predicament of bribery crime,which is mainly manifested in the divergence of the understanding of the element of "seeking unfair interests",the different standards of the determination of "unfair interests",and whether the scope of bribery should be expanded.The second part analyzes the legal interests of bribery,that is,the non purchasing nature of state workers’ duty behavior.The third part first analyzes the elements of bribery.Secondly,after analyzing the historical evolution and various viewpoints of the constitutive requirement of "seeking illegitimate interests",it is pointed out that "seeking illegitimate interests" is a subjective requirement and is both a subjective and an objective requirement in the crime of rewarding bribery afterwards.Thirdly,it analyzes the legislation of "unfair interests" and different opinions,and puts forward the viewpoints of "emotional investment","uncertain interests" and "acceleration fee" in the practice.Finally,this paper analyzes the scope of the final bribery component,puts forward several characteristics of property interests,and puts forward suggestions to bring non-property interests into the scope of bribery.