Protection of legal interest is a core issue in the research on bribery crime.After the integrity theory on the protection of legal interests of bribery crime lost its dominance in the academic circle,the-ories of fairness,incorruptibility,and unselfishness,all of which take the objective perspective,have gained powerful positions,but are faced with multiple problems,such as inadequate extension.The the-ory of trust legal interest,which takes a subjective perspective,has been questioned due to its abstract-ness.However,such abstractness can be explained.Epistemologically,the essential characteristic of the bribery crime,which infringes on the political legitimacy of the state,can be better revealed by clar-ifying the national,emotional,and recoverable properties of trust legal interest to make necessary sup-plements to their connotations.Methodologically,the investigation into"taking advantage of his office"should focus on whether there is a functionary connection between the harmful act and the trust legal in-terest,while"illegally accepting others'money or other forms of property"and"as a price of providing benefits"should be investigated to determine whether it damages citizens'trust in the integrity and im-partiality of the government so that the protection of legal interests can be harmonized with constituent el-ements.Regarding the practical application of the theory of trust legal interest to address complex issues in handling bribery crimes,both formal and substantive judgments can be considered through a thorough investigation to realize the organic unity of the punishment of crimes and the protection of human rights.
NETL
NSTL
万方数据
维普
