Research On Intermediary Behavior In Criminal Law

Many people have intermediate activities in the field of economic and commercial activities, but with the rapid social and economic development, in order to maximize benefits, more and more people willing to take risks to have intermediate behavior between the parties in the implementation of illegality and crime, contribute to the realization of crime, therefore, this behavior has serious social harmfulness, should be criminal regulation. For the Criminal behavior is typical of intermediate introduce bribery, although China’s current "Criminal Law" still retains the introduction of bribery, but before the97years of "Criminal Law" promulgated, the behavior of introduce bribery has experienced controversy of abolition or existence in academic circles. And this problem also exists in other types of crime among intermediate, and intermediate direct impact on the behavior of the conviction and sentencing, this article focuses on analyzing the criminal law qualitative of intermediate behavior, and typed considerations. This article includes four parts:The first section is the overview part of intermediary behavior in the criminal law. This thesis will from concept, characteristics and the intermediary behavior of criminal law provisions three aspects of the behavior of intermediate to pave the way. First, by analyzing the meaning of intermediary, defined the concept of the act in criminal law, the intermediate behavior in the criminal law refers to the intermediary recommends, introduces, matches conditions and relationship between both the intermediary engaged in illegal and criminal activities. Second, the intermediate act in criminal law has specific characteristics such as dependence, media, illegal, serious social harmfulness and the specificity of behavior object, so that we have a better understanding of the behavior. The third aspect is from the criminal law point of view, make a simple summary from two domestic and international perspective, foreign criminal law, such as Italy, France, Canada and other countries although intermediaries’titles are different, we find that punishing the intermediate behavior is common knowledge; The intermediate behavior can be found in China’s current criminal code and Taiwan penal code. This thesis summarizes the relevant provisions and makes the simple analysis, for the following text.The second part, the nature of the intermediate behavior in criminal law is the focus of this article. This section is divided into two parts, first of all, introduced all kinds of controversy about the nature of intermediate behavior exist in China’s criminal law scholars, namely the difference between theory and on the same battle, and their respective supporters put forward different views, and make a simple Comment. This thesis thinks, the intermediate behavior should be punished in principle as helping behaviors, and it should be as an independent crime in exception. Secondly, to explore the nature of intermediate behavior from three cases, the perspective of the same crime committed with impunity, different crime different punishment and penalty only one, make the final conclusion, namely that if the relation act constitutes a crime, the behavior should be in related crimes shall be punished as an accomplice; when the relation act does not constitute a crime but belongs to illegal acts, if the intermediate behavior constitutes a crime, shall be independent.The third part is the constitutive elements and the form of intermediary crime. This thesis insists four constituent elements of said, respectively, from the object, objective elements and the body, the subjective element four aspects to analyze intermediary crime. Through analysis, we can find that the objects of intermediary crime have diversity and extensiveness, the objects not only include natural but also include unit, but not all of the objects of intermediary crime include units, the object of the crime of introducing prostitution can’t be a unit; objective elements include state and results of the intermediate behavior. According to different classification criteria, the performance of intermediary behavior has different kinds of state. Because the intermediary behavior is with dependence, the results of intermediary crime also include intermediate results and the harmful results of the associated behaviors of the intermediate behavior, but the results of the associated behaviors are not be committed by the intermediate behavior. This thesis believes that the body of intermediary crime not only includes the natural persons but also includes units, natural persons, in addition to the general subject, the middleman trading drugs can also be the person who is from14to16years of age. But not all of the intermediary crime can be constituted by the unit, introducing bribery and introducing prostitution can only be constituted by natural persons. Subjective aspect, this paper argues, the subjective aspect of the intermediary crime includes not only direct but also indirect intention. The motives of the intermediary crime are variety. Obtaining illegal benefits is only one of them, therefore, profit is not a necessary element of intermediary crime.The stop shape of intermediate type crime includes completion, attempted, suspension and preparation forms. This paper thinks, an intermediate type of criminal acts are committed, should be intervening acts implemented and completed as a crime. The intervening act is completed flag should be intervening criminal agreement reached by both sides. Attempted intermediary crime is focused on the need to act to proceed intermediate problem, when the broker communicates to the other party, the parties shall establish contacting. Preparation is relatively simple, in the practice, those did not cause substantial damage on the consequences are generally not as punishment.The fourth part is the problems and improved vision of intermediate behavior. Based on the previous discussion, analyzing the problems exist in the current "Criminal Law" provisions for intermediate behavior, mainly include:terminological expressions are not standardized, qualitative confusion, the problems of specific crime. To solve these problems, we should regulate the expression, modify provisions for "intermediary......",according to the qualitative, introducing others falsely making out invoices for value-added tax, and either on the sale of foreign exchange to punish accomplice behavior crime; scope suggested that the introducing bribe crime are clearly defined, excluding common behavior which belongs to bribery and corruption crimes, and the "Crime Law" should regulate especially serious circumstances of the middleman bribery. The legal sentence of the crime of introduction prostitution is too serious, this thesis recommends advisably mitigation.