Research On The Protection Of Legal Interest In Bribery Crime

The scope of this thesis is not only the ordinary bribery crime,but also the bribery crime system including article 388 and one of article 388 of the criminal law.It is the focus of this thesis to discuss which theory can explain,cover and run through the whole bribery crime system.By comparing the theory of honesty,the theory of trust,the theory of incorruptibility,the theory of incommensurability,combing and analyzing the advantages and disadvantages of each theory,we can draw the conclusion that the impartiality of the state functionary’s official behavior should be the common legal interests of ordinary bribery,mediating bribery and taking advantage of influence,and the actor’s behavior infringes not only his own official behavior The fairness includes the fairness of the official behavior of the other staffs.In view of the current quite powerful theory of incorruptibility,this paper makes a large-scale discussion and analysis,from the perspective of the explanation of the suspicion of representation legal interest of incorruptibility itself,the system and elements of bribery crime,makes the incompatibility between incorruptibility and seeking interests for others,and fails to make a good understanding of the mediation and bribery of article 388 and one of article 388 and taking bribes by using influence The conclusion of hermeneutics denies the living space of the theory of incommensurability in China.And the justice theory is interpreted as "the independence of public power" and "the legitimacy of duty behavior".Starting from the "influence theory",this paper describes the appropriateness of the justice theory as the protection of legal interests in bribery crime.After analyzing and establishing that "seeking interests for others" is the subjective illegal element,we should solve the criticism and attack of the scholars who adhere to other theories on the fairness,solve the repeated evaluation of the fairness theory,the necessity of establishing the conditions of seeking interests for others,the certainty of receiving property afterwards and the problem of emotional investment.In order to solve the problems of judicial practice,this thesis analyzes the expansibility and urgency of the new published laws,defines the behavior of accepting money afterwards and emotional investment,holds that the behavior of accepting money afterwards does not constitute the crime of accepting bribes under the normal circumstances,but under the exceptional circumstances that the provider of property is connected with the national public official and the position management of the public official has "potential rules",It is presumed that the perpetrator has inner expectation to accept the property afterwards,which affects the justice of the official behavior.Starting from the system of the crime of accepting bribes,this paper confirms the crime of emotional investment and negates the necessity of establishing the crime of accepting bribes.