The proper determination of illegitimate property benefits is crucial for the judicial handling of bribery cases.This process requires a substantive assessment of the"impropriety"of the benefits involved.Depending on the type of bribery,benefits aimed at securing assistance should be recognized as illegitimate property benefits if they are substantively improper,whereas purely improper means should not be recognized.The judgment of substantial and means impropriety should be based on the briber's standard.In instances where bribery is intended to secure opportunistic benefits,it is essential to eliminate any illegitimate profits that have arisen,given the practical need for such action.In determining specific amounts,the standards for substantive judgment must be maintained,and the cost of the bribe should not be deducted but assessed based on the specifics of the case.For the recovery of property benefits,issues such as misaligned subjects,expected benefits,and the practical problem of property transfer need to be considered to properly achieve the deprivation of improper benefits,thus further promoting the policy of"simultaneously investigating both the giving and receiving of bribes"and enhancing the enforcement against bribery crimes.
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