Restricting the Scope of “Illegitimate Gains-Seeking” in Bribery Crime

Siyu CHEN

Abstract


In judicial practice, the inclusion of obtaining legitimate benefits through illegitimate means within the connotation of “illegitimate gains-seeking” has appeared. After comparing and analyzing various theories, it has been found that the essence of “illegitimate gains-seeking” consists of two aspects. Firstly, “seeking” has subjective attributes and requires the actor to be aware of the basic bribery fact, recognize the object and purpose of bribery, and intentionally hope or allow the actual occurrence of harmful legal interests. Secondly, illegitimate gains are objective, real, and not transferable by human will, including “substantive impropriety”, “means impropriety”, “competitive advantage seeking” and “emotional investment”.
By determining the types of “illegitimate gains-seeking”, it is revealed that there are four distinct categories.
Whether obtaining legitimate benefits through improper means is within the scope of “seeking illegitimate gains”, it is necessary to examine whether the perpetrator subjectively believes that they have no other choice but to bribe in order to achieve their legitimate interests.


Keywords


Seeking; Illegitimate gains; Objectivity; Subjectivity; Type determining

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References


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DOI: http://dx.doi.org/10.3968/13335

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