A New Interpretation Of "Seeking Improper Interests" In The Crime Of Bribery

After the criminal law of our country defines "in order to obtain the improper benefit" as the crime constituent element of the crime of offering bribes,Due to the lack of clear provisions on what is "improper interests" in the relevant articles of criminal law and how to identify "in order to obtain improper interests" in judicial practice,it leads to the meaning and nature of it in the theoretical and practical circles.There are a lot of disputes about the concrete identification standard,and there is no uniform conclusion on these disputes up to now.In order to solve the problem of "seeking improper interests" in the judicial practice of bribery crime,since 1999,the two high schools have issued relevant judicial explanations to add to this problem.In order to explain,and the emphasis of interpretation has been on the meaning of "to seek improper interests." However,due to the generality of the stipulation and the complexity of the social and economic intercourse activities,there are still many controversies in the aspects of "seeking improper interests",the definition of nature and the meaning,etc.It is precisely because its theoretical disputes are difficult to resolve,and the legal norms on the issue of "seeking improper interests" are not clear enough,In the judicial practice,there are also some difficult problems in the identification of "seeking improper interests" in the judicial practice.For example,the boundary between "improper interests" and "legitimate interests" is difficult to clarify,and it is difficult to identify whether some specific bribery acts,such as seeking "uncertain interests",satisfy the requirements of "seeking improper interests".The nature of "seeking improper interests" is unclear,and the existence of these problems has brought challenges to the development of judicial practice and the maintenance of judicial justice.This paper follows the basic logic of "posing problems-analyzing problems-solving problems",and proceeds from the relevant legal norms and judicial practice of the crime of bribery "for seeking improper interests" in our country.First of all,in the first chapter,the author makes a thorough analysis of the basic controversy of "seeking improper interests".Then in the second chapter and the third chapter,the author defines the nature of "in order to obtain improper interests" and "for the purpose of seeking improper interests" respectively.This paper analyzes and demonstrates the problems raised in the first chapter,and puts forward the corresponding viewpoints and solutions.In general,the question of defining the nature of "seeking improper interests" The main point of view of this paper is that the active bribery should be divided into active bribery and passive bribery,and thatthe active bribery should be abolished in order to obtain improper interests,and the passive bribery should be retained in the passive bribery to obtain improper interests.At the same time,the nature of "seeking improper interests" should be defined as the "purpose" of the two acts who are short and shrinking in the subjective excess of elements.In addition,the meaning of "improper interests" should be determined on the basis of a combination of legitimate and reasonable evaluation,And based on this to solve the difficult problems in the identification of "seeking improper interests" and the abolition of "to seek improper interests" in "active bribery".Some secondary problems.