The Qualitative Analysis Of Mediator Misappropriating Bribery With Concealing Facts

Bribery is the crime which people hate most and have a very bad social impact?The social impact is so bad that serious injury people's trust in the Party and the government, even shake the foundations of our ruling party. Therefore, bribery is a crime with great harm. But this kind of crime has could last thousands of years in our country, especially in the present social life, this crime is getting more and more popular. This kind of crime not only relates to the ups and downs of the "tiger" "flies",but also is deepping into every corner of society, even become the unspoken rules of social. In such a situation, there are many changes in the bribery, or some seemingly bribery of the edge behavior. These edge behavior is often ve ry complex, crime and non crime, this crime and other crime boundary is fuzzy, caused by qualitative controversy. This article cited the case is such a situation. Due to the complexity of the behavior and properties of marginal, leading to a qualitative analysis on the behavior of the bribery, embezzlement, fraud, three point of view. Based on the results of previous studies, this paper analyzes the elements of three kinds of crimes, especially the elements of objective aspects, trying to clarify the conditions of the establishment of bribery, embezzlement and fraud, and the subtle differences between the three crimes. It is hoped that the analysis of similar cases can be solved in the future, and it will benefit the judicial practice.This article is divided into three parts, the full text is about 17000 words.The first part, the basic situation of the case. This section first introduces the case, and then lists the bribery, embezzlement, fraud, the three major differences, and finally put forward the dispute focus on the legal principle.The second part is the analysis of the relevant legal issues. In this part, we first analysis the "cheating" in the crime of fraud. This paper mainly discusses whether the deception in the crime of fraud can not be expressed as a act of omission, and further discusses the problem of the obligation of the act of omission as a source of obligations, but also with the case of the case further explored the first act as a source of obligations to be established as a fraud. In addition, it is also discussed whether the deception behavior must be based on the problem of illegal possession, and the relationship between the behavior of the victim's disposition and the behavior of the person who is cheating. Then the understanding of t he two objective elements of the crime of embezzlement crime is discussed. The first one is that the illegal property can become the object of the crime of embezzlement, and the two is the behavior of the people who refuse to return or surrender. Is discus sed at the end of the accomplished standard of crime of bribery, bribery of unfinished form into the cognizance of the crime and bribery crime.The third part is the analysis and conclusion of the case. In this part, the conclusion is drawn that because the illegal possession of a illegal possession is formed in the possession of property, and the case is lack of the elements that are not returned or refused to surrender. Because of A has no objective act of bribery, either the subjective purpose of their own or to help others bribery form the first to the end, so it is not a crime of bribery. When A known C would give money for gratituding B, he deliberately did not inform C is himself admitted to the civil service rather than the truth of ethylene care and is the intent of illegal possession under obligation to report and do not inform, tell the truth obligation sources A said "you asked what completed" the behavior, the illegal occupation, intentional control under the propylene delivery transferred the property to illegally take possession of a, with crime of fraud crime, and draws a conclusion that a behavior should be regarded as the final conclusion of the crime of fraud.