本文研究主題係圖利罪適用之刑事證據，有別於他研究者著重於實體構成要件之分析。職是，本文透過觀察七個具有指標性之地方法院，進行判決內容分析，並予以統計、歸納得出實證成果後，在輔以相關理論基礎進行説理與評析，建構圖利罪刑事證據適用上之妥善作法。 承上所述，就論文大綱建構上，第一章主要係說明問題意識、研究方法、資料取得、研究範圍與限制。第二章則為研究資料中各地方法院所得之實證結果，並予以統計、歸納分析得出綜合結論，亦為本文研究之核心所在。第三及四章主要係針對所得出之實證結論，以傳聞法則之理論基礎與隱私權保障為基石，進行各項證據適用方法之評析，並考量實務上運作上之困境，提出理論面與實際面差距最小之妥當作法。最後於第五章綜合各章節關於實際與理論之論述，並進而提出本文之建議。 Unlike studies focusing on the analysis of particular constitutive elements , the theme of this study is centered on the application of criminal evidence to the abuse of public office for private gain. The study analyzed judgments collected from seven district courts. The statistics obtained from the empirical results were analyzed. Related theory was also utilized to illustrate and review the empirical results so as to construct a suitable way to apply criminal evidence to the abuse of public office for private gain. The structure of this study is as follows: The first chapter explains the research question, method, information obtaining, and the scope and limitations of the research. The second chapter, which is the core of this study, aims at analyzing empirical results acquired from district court judgments. Through the analysis, statistics were obtained and comprehensive results were concluded. The third and the fourth chapters review application of evidence obtained from empirical results based on the theories of the hearsay rules and the privacy protection. The difficulties encountered in practice have been considered. Further, an approach to reduce disparities between practical and theoretical aspects is suggested. Lastly, the fifth chapter summarizes and discusses the practice and the theory in prior chapters. Suggestions for future study are also presented in this chapter.