Research On The Accomplishment Standard Of Bribery Crime

The standard of accomplishment for bribery crime is a classic issue in the theoretical research of bribery crime,and it is closely related to the judicial practice of anti-corruption.In the current theoretical research,there are a variety of theories on the standard of accomplishment of bribery,with the mainstream viewpoints including the theory of commitment,the theory of obtaining property,the theory of seeking benefits,the theory of choice,the theory of combination,and the theory of type differentiation.However,due to the high requirements for academic interpretation of the single accusation legislative model of "three elements" for bribery in China’s criminal legislation,the manifestations of bribery crime are also constantly changing in practice.Careful examination can reveal that relevant theoretical viewpoints are not yet perfect.In practice,different jurisdictions often adopt different legislation,reflecting different understandings of bribery crimes in different regions.The reason for this theoretical controversy and legislative difference lies in the different understanding of the legal interests protected by the crime of bribery.Whether the crime is accomplished depends on whether the legal interests are violated or not.Based on the current criminal legislation practice in China,and in accordance with the principle of a legally prescribed punishment for a specified crime,this article comprehensively considers the three major components of the crime of bribery,namely,"using power","demanding or receiving bribes",and "seeking benefits for others".It examines the legislative purpose of the crime of bribery in modern countries and infers that the illegal nature of the crime of bribery is "privatization of public power","The obligation of state functionaries not to use their official status and official power to profit"(primary legal interest)and "the obligation of state functionaries to exercise their functions and powers properly"(secondary legal interest),two legal interests protected by the crime of bribery in China’s criminal legislation,have been established.On this basis,it has been determined whether state functionaries actually obtained bribery benefits using their official status and official power as the standard of accomplishment for the crime of bribery,That is,"the obligation to prohibit profits".This theory can not only fit into the single crime legislative model of"three elements" of bribery crime in China,but also adapt to different types of manifestations of bribery crime.It can further explain the lower threshold for bribery crime and heavier sentencing issues in China’s criminal legislation compared to dereliction of duty crimes.It can also explain why bribery crime in China can still be punished together with multiple crimes of dereliction of duty crimes despite the existence of the "seeking benefits for others" element,It distinguishes the legal interest protection direction between bribery crimes and malfeasance crimes,avoiding repeated evaluations between related crimes.At the same time,it can also explain the reasons for the asymmetric punishment of bribery and bribery in China’s criminal law system.