The Research On The Judicial Recognition Of "Improper Benefits" In Bribery

Article 389 of China's Criminal Law clearly states that: "For the purpose of seeking improper benefits,and giving money or property to the state staff is the crime of bribery." It shows that the crime of bribery in China must require the perpetrator to have the purpose of seeking "improper benefits".However,many scholars have different opinions on the determination of "improper benefits" in the theoretical world,and there is no uniform identification standard in practice.Different judicial workers may adopt different methods of treatment when facing the same type of interests,and may even lead to cases.In order to unify the identification path and solve the problem of confusion in the identification of "improper benefits ",the Supreme People's Court and the Supreme People's procuratorate have repeatedly explained the meaning of "improper benefits ",although these judicial interpretations have alleviated the dilemma in the identification of "improper benefits",but theoretical disputes and practical confusion still exist.Through the analysis of controversial issues,I find that the judiciary's determination of "improper benefits" has repeatedly encountered problems.The reasons are as follows: first,there is no uniform standard for identification,and there is a certain degree of ambiguity in the choice of legal basis and the angle of identification;the second is the unclear definition of the scope of " improper benefits ",especially the confusion in whether "indeterminate benefits " and "deserved benefits " sought through improper means are "improper benefits ".This article is divided into three parts:The first part: firstly,sort out the legal provisions related to the " improper benefits " requirement,showing that the " improper benefits " requirement does not exist since the beginning of the legislation,but has gone through the establishment process from nothing to continuous improvement;Secondly,sort out the definition of the meaning of " improper benefits " in three judicial interpretations,and conducted a more in-depth analysis of the 2012 judicial interpretations.The second part: put forward the problems of "improper benefits" in judicial determination.Two main issues are raised: one is that there are different theoretical viewpoints in theory,forming a theoretical dispute over the identification of "improper benefits";the other is that the standards for the identification of "improper benefits" in judicial practice are vague,and the scope of "improper benefits" is unclear.The third part: aiming at the problems of judicial identification of "improper benefits ",explore the standard and scope of defining "improper benefits " in judicial practice,and provide some ideas for the correct definition of "improper benefits ".On the basis of this,try to analyze the identification of "improper benefits" in several special "bribery acts".