Judicial Determination Of "Seeking Unfair Interests" In The Crime Of Accepting Bribes

Duty crimes have seriously damaged the credibility of our government,and it is the hope of anti-corruption work.Among them,bribery crimes,as the most frequent type of crimes in duty crimes,accounted for nearly 70% of duty crimes,and gradually became a new trend of bribery crimes under the background of economic development,which has its unique reasons.The residual heat of China's human society continues to this day,complex interpersonal contacts,diverse interests,and a strong "official standard" thinking,making the profit model of power trading still exist to this day,and it is intensifying.It has greatly undermined the credibility of the government,undermined the collective interests of society and undermined the social atmosphere.Mediation and accepting bribes as one of the new forms of accepting bribes that best reflect the social characteristics of acquaintances,and how to identify their constituent elements in judicial practice,is extremely controversial.For example,how to determine the convenience conditions formed by the authority or status of the person,how to determine the boundary between the crime of accepting bribes and accepting bribes,how to determine the degree of implementation of the profit-making behavior,whether the interests are justified or not,and even whether the interests of the interests are cancelled,these bribery crimes The theoretical controversy that the old and the old people often talk about cannot be concluded for a long time.One of the reasons is the endless variety of bribery and the continually renovating criminal methods.It cannot be completely covered by legislative means.It can only make up for the loopholes in legislation by continuously promulgating judicial interpretation.But the lag of the law determines that there is no end to this process.The constituent elements of the crime of accepting bribes have their own special patterns,and the accurate identification of each link is crucial.In judicial practice,the main reason for the determination of mediating bribery is that there is a different understanding of the criteria for determining the constituent elements,and that “the pursuit of illegitimate interests” is one of the biggest differences between the crime of accepting bribes and accepting bribes.Judicial interpretation,which makes the identification of the requirements in judicial practice more difficult.The problem of different judgments in the same case constantly challenges the judicialauthority.Starting from this remarkable difference,I combine four typical cases to extract the problems that are common in judicial recognition,analyze the legal principles contained in them,and interpret the legislative intent of the legislators.Under the existing legal framework,on the basis of previous studies,clarify the scope connotation of "unfair interests" and the nature and manifestation of the elements of "unfair interests" in the crime of mediating bribery,and sort out the rules of criminal law.And the corresponding defects in the judicial interpretation;the three stages of sub-commitment,implementation,and realization analyze in detail the specific manifestations of “seeking illegitimate interests” in the crime of accepting bribes and how to identify them,and comprehensively analyze the requirement of “seeking illegitimate interests for others” In order to solve some of the difficult problems in the crime of mediating bribery,it will definitely have a certain impact on the smooth progress of China's anti-corruption work,and make certain contributions to China's judicial practice.