Study On The Judicial Application Of The Legal Interest Theory Of Bribery Crime

Economic development makes the expression of interests more diversified,and the way of bribery is changing with each passing day.Non-financial bribery is more and more common in the real society.Whether some "acceptance of bribery" constitutes a crime,it has encountered difficulties in the determination of judicial practice.The task of criminal law is to protect legal interests.The study of the legal theory of accepting bribes helps us to correctly understand the behaviors that need to be combated by bribery and guide our country’s legislation and judicial practice.This paper uses case analysis,historical analysis,comparative research,empirical analysis and other research methods to compare and analyze the conflicts in the theory of the legal theory of accepting bribes.Through data collection,it introduces the judicial practice status of the legal theory of accepting bribes and summarizes the crime of accepting bribes in China.The main problems currently exist in the theory of legal interest,and advocate the function of explaining the concept of legal interest,and implement the legal benefits of accepting bribes in the administration of justice.On the basis of the German and Japanese legal basis theory and the legal theory of accepting bribes,the legal interest of accepting bribes should be “the unacceptable nature of job behavior”,and starting from this,the provisions of the crime of accepting bribes are reinterpreted.The research on the judicial practice of the legal theory of bribery in China accepts that the judge has a bias in the recognition of the legal benefits of accepting bribes,and has led to the emergence of different judgments in the same case.Legal interests do not directly affect judicial decisions,but indirectly influence judicial decisions by criticizing legislation and interpreting legislation.China lacks the core of legal interest theory in the interpretation of the law of accepting bribes.It is difficult to grasp the essential characteristics of bribery crimes,and there are limitations in applicability.The concept of the legal benefit of accepting bribes should be established and implemented in judicial practice in the form of judicial interpretation.On the basis of examining the legal theory of bribery in Germany,Japan and Taiwan,and the related legislation,this paper believes that the theory of legal interest in briberyneeds to be understood from three levels: the first level is behavior,that is,the consideration of "employment convenience" and "bribery interest" Exchange behavior;the second level is negative judgment,that is,"the unacceptable nature of job behavior" is the formal legal benefit level,and the third level is the cause,that is,the value orientation of making negative judgments,including "corruption" and "fairness"."Pureness" and many other descriptions of the legal benefits of accepting bribes.There is a cross between each substantive legal theory of benefit,but each has its own emphasis.No single one can describe the whole picture of the legal theory of accepting bribes.The legal theory of accepting bribes as a law of accepting bribes can better guide judicial practice.The theory of legal interest should be implemented from three points: First,the scope of “employment convenience”.Any convenience arising from the exchange of duties that can be exchanged as a bribe can be called job convenience.Second,“request or accept property” should be It is understood as “receiving,claiming or agreeing to bribes”;thirdly,“seeking for the benefit of others” should not be considered as a condition for accepting bribes,but should be considered in the sentencing circumstances.