On "for The Purpose Of Seeking Illegitimate Benefits" In The Crime Of Bribery

The crime of offering bribes is an important crime in bribery crimes,and bribery crimes have serious social harm.Judging from the relevant provisions of Article 389 of the Criminal Law of China on the crime of bribery,it can be found that the crime of bribery is an essential requirement for "seeking illegitimate interests",but in the academic understanding of the requirements and the judicial practice There is a big controversy about the positioning.In the process of determining the crime of bribery,"seeking illegitimate interests" is the core issue of the interpretation of bribery crimes.Whether or not it has such elements will have a substantial impact on the establishment of crimes.Moreover,there are also views in the theoretical circle that the requirement of "in order to obtain illegitimate interests" should be removed from the crime of bribery.However,at present,in the crime of bribery,"in order to seek illegitimate interests" is still an essential requirement,so how It is crucial to identify the elements of "in order to seek illegitimate interests." Correctly defining it has important guiding significance for the conviction and sentencing of bribery crimes.The most important question for the determination of the crime of bribery is what is the meaning of “in order to seek illegitimate interests”.The point of this paper is to endorse the “new job violation”.The protection law based on bribery crime lies in the fairness of job behavior.According to the violation of the new position,whether the state staff violates the position is the key to the crime of bribery.The right or wrong of the interests depends on whether the state staff violates their own duties.Among them,violation of duties,including violation of specific rules and principles,state work If a person violates his duties,on the other hand,he unfairly exercises his duties,which infringes on the protection of the bribery crime.At this time,the interests of the actor are illegitimate interests.The legal benefit of the protection of bribery crimes is that the fairness of the duties and deeds can be well matched,and in practice,there are more specific criteria for the identification of “unfair interests”.