Judicial Recognition Of“Improper Benefits”in Bribery

"Improper interests" in the briber crime in China's current criminal law related to bribery in the provisions of the law: "the act of giving money or property to a state functionary for the purpose of seeking improper benefits is a crime of bribery." Different from "seek interests" for others in crime of accepting bribes,"improper benefits" provisions for the essential elements of bribery,subjective motivation has a strict limit.Article of the law excludes those who gives state workers property in order to seek legitimate interests of the behavior to be regulated by the criminal law,to some extent,it guarantees the modesty of the criminal law.Then,in this case,the determination of "improper interests" is the key to judge whether it constitutes the bribery crime.Although in China's legislation and judicial practice,efforts have been made to improve the identification of "improper interests",but in theory and judicial practice,there are still many different views on the identification of "improper interests".It is undeniable that these views provide a certain perspective and thinking for how to grasp accurately the connotation and extension of "improper interests".However,a unified identification and application standard has not yet been formed,Different identification opinions in judicial practice may even lead to opposite results in different judgments of the same case,which will bring confusion to judicial practice and also become an obstacle to the accurate attack of bribery crime and the full play of the function of criminal law.Firstly,the author analyzes legal provisions on improper interests of bribery crime,then puts forward that in the judicial practice "improper benefits" existing problems,in the end,discusses the judicial practice that the reason why there are confused "improper benefits" and tries to explore the construct can eventually concluded that "improper interest" in the judicial practice of the correct way of thinking and ought to be standard,in order to "improper benefits" to provide some reference suggestions of justice,for effective treatment of bribery cases in judicial practice "improper benefits" that provide a train of thought.On the basis of correct identification of "improper interests",the author tries to analyze the difficult problems in identifying "improper interests" in the process of judicial practice,and to provide some operable solutions.In this way,the crime of bribery can be dealt with more effectively and the function of criminal law can be given full play.