| "Seeking illicit interests" plays a crucial role in interpreting the crime of bribery. In order to achieve the legislative purpose of protecting legal interests and ensure the integrity of the composition of the constitutive elements of the crime of bribery, the key point of interpretation should be shifted from the briber to the recipient, that is, the civil servant. The question of whether the recipient commits a breach of duty should be taken as the criterion in judging whether the interests are "lawful". Therefore, although "the consideration relationship between the breach of duty and giving of money or property" does not exist in the legislative text, this element should be taken into consideration in interpreting the constitution of the crime of bribery. A breach of duty can take two forms:violation of rules and breach of principles. In the application of Article 12 Paragraph 1 of the Judicial Interpretation on the crime of bribery issued by the Supreme People's Court in 2012, it is advisable to ignore the redundant provision referring to "the illegality of substantial interests." In the application paragraph 2 of this article, focus should be put on the "recipient" rather than the "briber." In addition, it is necessary to differentiate legitimate discretion from arbitrary duty behavior, such as charging of acceleration fees. Also, attention should be paid to such key issues as the violation of equitable principles, competitive advantage and emotional investments. |
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