On the Protected Legal Interests in Bribery CrimesA Perspective from New Public Service Paradigm

Based on the new public service paradigm, the protected legal interests in bribery crimes should be the fairness of the state functionary’s duty. The fairness here has both the meaning of administrative result justice and administrative process justice: The administrative result justice requires that the duty behavior can realize the public interests and meet the needs of citizens for public services; The administrative process justice means that the state functionaries actively perform public service duties and follow due administrative procedures. The duty behavior includes not only the duty act being carried out, but also the duty act that has been carried out and will be carried out. This view can not only reasonably explain why the establishment of ordinary bribery only requires the perpetrator to seek benefits for others, while the establishment of mediatory-bribe and the bribery by the influence requires the perpetrator to seek illegitimate benefits for others; It can also provide a description of the punishment such acts as accepting bribery after the performance of duty without prior agreement and receiving bribes given as investment in human relations．