Judicial Determination Of "Seeking Illegitimate Benefits" In Bribery Crime

In recent years,with the promotion of the work of punishing corruption and upholding integrity,the procuratorial organs have strengthened their efforts to crack down on the crime of bribery,and the number of bribery cases has been on the rise year by year.The criminal law stipulates "seeking illegitimate benefits" as the objective element of the crime.However,there are disputes between the existence and abolition of this element in the academic circle,and there is also great subjectivity in practice.In the determination of the crime of bribery,whether there is an element of "seeking improper benefits" is the core issue to determine whether the behavior meets the constitution of the crime of bribery.In addition,the correct definition of "seeking illegitimate interests" is of great significance to the conviction and sentencing of bribery crime.This paper sorts out the current judicial interpretation and theoretical disputes about "seeking illegitimate benefits" in China,and through searching judicial judgments related to bribery crime,induces and analyzes the status quo of the identification of this requirement in judicial practice,and points out that there are mainly the following three problems: First,there is ambiguity in the process of judicial identification.The lack of uniform identification standards in judicial practice leads to different identification results for "seeking illegitimate interests" in different subject departments.Second,there is no distinction between active bribery and passive bribery.Although in the traditional point of view,the briber often holds the initiative of bribery,and the briber belongs to the "passive bribery",but in practice,many cases are just the opposite,the briber is often in a passive position,and the briber is in a strong position of the relationship between the two sides.According to the national conditions of our country,it is of great significance to identify the elements of "seeking illegitimate interests" by taking the active bribery and the passive bribery as the dividing standard.Thirdly,the identification of specific difficult situations is not uniform in practice.It is mainly reflected in the identification of "affection investment" bribe,"accommodation fee,acceleration fee","reward after the event" bribe and "economic bribe".Through the analysis of the above theoretical and practical disputes,this paper carries out a deep theoretical analysis of the judicial determination standard,and puts forward the perfect path of the judicial determination "for seeking improper interests".First,it clarifies the specific identification standards of "seeking" and "improper interests" in judicial practice.Secondly,taking the active and passive bribery as the division,the paper discusses the identification methods of "seeking illegitimate benefits" under different circumstances.Finally,the identification of "seeking illegitimate interests" in practice is explained and analyzed through the case.For the identification of affective investment bribery,the purpose of the actor to give the property,the relationship between the two sides,the grasp of the property is considered from three aspects.The determination of "acceleration fee" and "accommodation fee" needs to be based on case analysis to find out whether it violates legal provisions,deviates from the principle of fairness and justice,and exceeds the scope of duty discretion.The determination of "reward after the event" bribe should be determined according to whether the agreement is formed explicitly or implicitly when the request for help,whether the doer knows about it and the nature of the benefits obtained for it.For the determination of "economic bribery",although there is no stipulation of subjective elements in the law,but in the actual determination process,"to seek improper benefits" should be taken as the constituent elements.