The current theories on the legal interests of bribery crimes are deeply influenced by German doctrine,which is tailor-made for the German Criminal Code and practical requirements.Since the 19th century to the present,Germany's criminal legislation on bribery has gradually abandoned the differentiated model in relation to details that affect illegal content and profit-loss relationships.It has become increasingly moralistic,formalized,and all-inclusive,which is contrary to the requirements of the rule of law.The opinions based on this are not qualified as justifying legal interests.China's anti-corruption system has a tradition of benevolence for the people,and the penalization is based on the ultimate profit-loss relationship.The doctrines of legal interests transplanted from Germany are incompatible with this system,and they cannot explain restrictions of criminalization.According to the actual interests and profit-loss relationships involved in bribery,bribery can be divided into the following three categories:bribery that infringes on the interests of a third party,that is,bribery conducted by the officer seeking improper benefits for the briber and the legal interest is the interest of the third party damaged by the official behavior;extortion bribery,where the officer extorts the counterpart by means of official behavior involving legitimate interests of the latter,and its legal interest is the property and freedom;disciplinary violating bribery,that is,bribery that is not related to definite official behavior and affects only the official integrity,which should be responded with non-criminal measures,such as discipline punishment.
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