The Determination Of "seeking Illegitimate Interests" In The Criminal Law Of Our Country

In China's criminal law,"seeking illegitimate benefits" is the content of many legislative provisions on bribery crimes,in order to clarify the connotation of "seeking improper benefits",the supreme judicial organ interpreted it through judicial interpretation.At present,the interpretation on "seeking improper interests" of the supreme people's procuratorate and the supreme people's court in 2013 is a more reasonable explanation.It is important to clarify the connotation of "illegitimate interests" in the criminal law system for finding "seek illegitimate interests" in judicial practice.The connotation of "unfair interests" is consistent among all crimes,so it can be studied as the unity.Academic circles have different views and positions on the connotation of improper interests.In contrast,the dualist doctrine of duty violation has certain rationality.However,there is also a deficiency in this theory,and the "modified dualist doctrine of duty violation" is appropriate."The revised dualist position violates the doctrine" claims that "improper interests" refers to the expectation or express requirement(promise)of public officials to seek profits for themselves in violation of rules or principles in China's criminal law.According to the explanation of the supreme people's procuratorate and the supreme people's court in 2013 and the "dualist doctrine of duty violation",The "illegitimate interests" in China's criminal law can be divided into two types: "interests violating rules" and "interests violating principles".In theoretical research and judicial practice,there are disputes and doubts as to whether "seeking improper interests" is the constitutive element of the crime of "economic bribery",subjective element or objective element.Taking the crime of "seeking illegitimate benefits" as the constitutive elements of "economic bribery" conforms to the relevant judicial interpretation and the relevant criminal law principles.At thesame time,according to the conclusion of cultural interpretation and the requirement of the nature of crime,it is appropriate to regard "seeking improper benefits" as a subjective element in theory and practice.Adhere to the legal standpoint of crime and punishment,follow the unified thinking of identification from objective to subjective,subjective and objective,and comprehensively consider various situations are the basic method to determine "seeking improper interests" in judicial practice.Good at finding clues of "seeking improper interests",accurately determining the pattern of interests,timely and accurately fixing verbal evidence,and comprehensively collecting indirect evidence are the basic idea of evidence collection.As to the standards of proof for the confirmation of evidence,to prove that the actor knows that there is a duty interest,and still pursue,hope and expect the other party to seek profits by violating the rules or principles.One-to-one verbal evidence allows for inconsistencies within a reasonable range of interpretation,In the absence of circumstantial evidence,the confession of the briber is necessary,and the confession of the briber is not necessary,in cases where there is indirect evidence,neither party's statement is necessary.In accordance with the legal,public order,good customs and free will interrogation methods,"is a tactic of interrogation not of extortion or confession.We should pay attention to the techniques of making interrogation records,cross-examination of interrogators and interrogation of different places,so as to avoid excluding the passive situation in the procedure of illegal evidence.In the case of " offering bribes for competitive advantage ",it is necessary to prove that the briber has expressed the intention of " seeking for competitive advantage ",which can be inferred under special circumstances.To " accelerate "," accommodation fees " case,affecting the entity justice discretion,infringing upon the fair competition interests and for the purpose of illegal benefit,be held to the offender has " seek improper interests "subjective purpose.Give " emotional " case,through the evaluation level of normal human interaction,cognitive process,communication content,emotional foundation,gives property method,the existence of economic exchanges,etc.,determine the whether there is the purpose of " seek improper interests.Objective to determine the purpose of "seeking illegitimate benefits" in "ambiguous" cases by analyzing objective evidence,interests,difficulties,specific situations and contexts.Mediate bribery crime and make use of the influence of taking bribes,demand a mediator or trustees subjectively knowingly trustees invalidity benefit,objectively to the client promise,to the other party request position.