Study On The "to Seek The Unjustified Interests" Of The Crime Of Bribery

“To seek illegitimate interests” is the core element of the crime of bribery.For the interpretation of “seeking illegitimate interests”,the theoretical and practical circles have not reached a consensus,resulting in different opinions of the investigation organs,public prosecution organs and judicial organs in judicial practice,which has caused great trouble to judicial practice.For example,the element of“seeking illegitimate interests” has not been allowed to assume the internal responsibility of highlighting the function of bribery crime to protect legal interests.In judicial practice,there are also problems of conviction for paying “acceleration fee”and “emotional investment”.This paper attempts to make a functional interpretation of the element of “seeking illegitimate interests”,so as to make it bear the function of characterizing the official behavior of state functionaries,highlight the individuation of the legal interests of the crime of bribery,and better solve the problems in theory and practice from this perspective.This paper is divided into four parts.The first part is the theoretical analysis of the elements of “seeking illegitimate interests”.First of all,it analyzes the dispute about the retention or abolition of the element of “seeking illegitimate interests” in the legislative process,and finally this element can be retained.Secondly,it analyzes the dispute about the connotation of“illegitimate interest”.There are different opinions on the connotation of“illegitimate interest” in the legal provisions and academic views.By pointing out the shortcomings of different students,the author lays the foundation for putting forward my own opinions.The second part is about the current situation and practical problems of the judicial practice of “to seek illegitimate interests”.In the aspect of judicial practice,it mainly lists three phenomena: the weakening of conviction function,the confusion of law application and different judgments in the same case.In the aspect of judicial practice problems,this paper mainly lists two problems: how to determine the nature of the behavior of paying “acceleration fee” and how to determine the nature of the behavior of “emotional investment”.There are different opinions in the academic and judicial circles on these two kinds of problems,and there is no unified opinion.The third part is the identification method of “to seek illegitimate interests”.The author mainly identifies the elements of “to seek illegitimate interests” from two levels.First,we should let the element of “seeking illegitimate interests”reflect the essence of power money transaction of bribery crime,and let this element bear the function of characterizing the official behavior of state functionaries.Second,correctly grasp the scope of “illegitimate interests”.Although the law divides“illegitimate interests” into three categories,the author thinks that all procedure illegitimate interests include entity illegitimate interests,so the scope of “illegitimate interests” only includes procedure illegitimate interests and interests that violate the principles of fairness and justice The interests against the principle of fairness and justice.The fourth part is the solution to the practical problems of “seeking illegitimate interests”,which mainly includes two kinds of practical problems: the qualitative problem of paying “acceleration fee” and the qualitative problem of “emotional investment”.By sorting out the relevant focus of controversy,the author follows the third part about the two levels of identification of this element to judge.In view of the behavior of paying “acceleration fee”,the author thinks that this behavior constitutes bribe behavior to the duty behavior of state functionaries,but whether it belongs to procedural illegal interests at the second level should be discussed according to the situation.Under normal circumstances,it does not belong to the interests of illegal procedure,so it does not constitute the crime of bribery.However,there are exceptions.If the actor fails to meet the requirements of obtaining benefits,fails to complete the relevant procedures,or requires to obtain benefits before the statutory duty performance period of the national staff,the assistance or convenience provided by the national staff by paying the “acceleration fee” will definitely violate the provisions of relevant laws and regulations.In these situations,the benefits that actor seeks are illegal procedure interest,which constitutes bribery crime.In view of the behavior of “emotional investment”,the author thinks that if the two conditions are satisfied,that is,the donation behavior ends in the normal social scope and the property exchange between the two parties has two-way and equivalence,then the consideration between the property and the duty behavior at the first level can not be established,and it does not meet the essential requirements of bribery crime.In the case that it is not a general gift behavior and there may be power money transaction,it is mainly based on whether the actor puts forward a clear request to the state functionaries for the emotional investment in the early stage,and requests the state functionaries to provide illegal interests or interests against the principle of fairness and justice,so as to identify the actor’s subjective purpose of seeking illegitimate interests.