| The protected legal interest in bribery crime should be "the fairness of duty behaviors" of public officials. The transformation of the protected legal interest in the bribery crime not only expands the penalty scope of the crime of bribery, but also changes the nature of the crime. As a result, the bribery crime regulated by Chapter Eight of Chinese Criminal Law is no longer a crime of "exchanging power for interest", namely, a crime of harming "the nature of duty behaviors which cannot be purchased", but rather a crime of "influence transaction" where the perpetrator takes advantage of their convenience, namely the influence deriving from his power or position, to undertake interest transaction. What it harms is not only "the fairness of duty behaviors" of the perpetrator himself, but also that of other public officials who have been utilized by him. This transformation of protected legal interest makes it possible for Article 388 of the Criminal Law and other such articles to exist in legislation. Meanwhile, the existence of situations in which the perpetrator obtains interest not directly by abusing his own power, but indirectly by utilizing the duty behaviors of other public officials gives Article 388 a structure similar to that on the crime of instigating others to commit a crime. This structure gives the bribery crime regulated by Article 388 characteristics that distinguish it from the common bribery crime regulated by Article 385. |
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