The Debate And Countermeasure Suggestion Of Bribery Crime "For Unjust Interests"

In Criminal Law of our country,the constitutive elements of bribery crime should be based on the principle of “to obtain illegitimate interests”.In the judicial practice,it is controversial that how to identify “ seeking illegitimate interests ” the Supreme Court and the Supreme Procuratorate have issued judicial interpretations for many times and continuously expanded extension of “unfair interest”,and to include obvious bribery in the criminal law to regulate it as far as possible.However,because of the fuzziness of extension of the connotation of "improper interests",different countries and regions,different judges and scholars may hold different understandings.The law in different periods also has big difference for expressing the specific meaning of "seek for illegitimate interest",thus it can be seen that it is difficult for legislators,judicial people and scholars to reach a common view on this issue.In addition to that,it is very hard to obtain the evidence of bribery crimes in judicial practice.It is impossible for direct conviction by oral confession,above two reasons have increased the difficulty to combat bribery crime.But even so,investigation organs and judicial organs have to use the provisions of law to light,mitigate or exempted punishment in exchange for confession from bribery,in order to obtain a small number of evidence.Practice has shown that the legislative intention is difficult to be effectively implemented,and investigation of bribery crimes faces real difficulties.One thing is that some of the bribery criminals escaped legal regulation.Secondly,bribery crimes corrupted public officials,causing a large number of crimes to accept bribes,obstructing the pace of building a clean government and rule of law country construction.Thirdly,bribery ruined the social atmosphere,caused social injustice,which led to a series of negative effects in the following.Since the 18 th National Congress of the Communist Party of China,the people's voices for severely punishing corruption crimes become high,anti-corruption has become a big event in the political and social life of the country.With the deepening of the reform of the supervision system and the judicial system,it is especially urgent for further research and introduction of new laws regulating bribery crimes.First of all,this paper puts forward the defects of the current definition of bribery crimes in China,and makes a comprehensive analysis and evaluation for relevant concept,legal provisions and related doctrines.Then through the comparison of laws at home and abroad,and the judicial dilemma of Criminal Law regulating bribery in China,proposing a new "dualistic" concept of bribery crime,whose core is to include the element of "influence or attempt to influence the behavior of national staff" into the necessary elements of bribery crime.Finally,the new bribery crimes are used as a measurement to analyze these difficult issues,such as emotional investment,bribe for legitimate benefits,passive bribery,etc.,and providing solutions for reference.