Clarification Of The Bribery Crime's Profit-making Elements

China has always adopted a high-pressure and severe crackdown on bribery crime,and the profit-making elements are the most important things in conviction and sentencing of bribery.However,in practice,it has raised the threshold for the crime of bribery to a certain extent,and the criterion is vague and lack of uniformity,which has attracted many controversies.The profit-making elements should be subjective in nature,and play a key role in the entire bribery criminal system.They can reflect the illegality,essence of bribery crime,and protect human rights,if directly abolished,it will affect the whole system.With the progress and development of society,bribery crime continues to show new features.So it is important to correctly identify new types of bribery crime such as accepting property afterwards,investment in human relationships,false promises and payment of acceleration fees.Starting from profit-making elements and incorporating the latest judicial interpretations,the article finds that illegal interests,uncertain interests,seeking and maintaining competitive advantages are all illegal interests.Accepting property afterwards which have prior agreement and have no prior agreement but are at work both are bribery crime.And false promises with authority,payment of acceleration fees to seek illegal help are bribery crime too.The affirmation of investment in human relationships behavior should comprehensively consider factors such as identity relationships,daily contacts and the value of property.Our country is developing the trend of paying equal attention to offer and accept bribes,and the difference in profit-making elements between offering and accepting bribes is gradually narrowing.At this stage,we should reasonably draw on foreign bribery crime legislation and retain profit-making elements.We should clarify the profit-making elements by issuing guidance cases,introducing special judicial interpretations,and reasonably applying the merit system.