On The Determination Of The Behavior Of Withholding Bribes

In recent years,behavior of the middleman intercept briber’s bribe property frequently appears in our field of vision,the judicial practices for the treatment of this kind of behavior are not the same.The behavior of intercepting bribes means,a middlemen intercept briber’s bribes property in the process of bribery in secret.The characteristics of this behavior are as followed: the concealment of the behavior,the particularity of object and the specificity of main body.At present,the common theories of the nature of this behavior include view of innocence,view of embezzlement and view of fraud."View of innocence" proposes that the behavior of intercepting bribes does not constitute a crime alone,and property is unjust enrichment so that should be returned or the property is illegally acquired so that should be confiscated."View of embezzlement " means the middleman accepts the commission of the briber or recipient,legally possessing the bribe money,but the act of occupying the money in secret would constitute a crime of embezzlement."Fraud said" means that a middleman makes the briber fall into the wrong meaning by the form of hiding truth or fraud and hand in the relevant property to the middleman in the process of introducing a bribery,which constitutes a crime of fraud.The above-mentioned doctrine demonstrates the point of view on the characterization of the behavior of withholding bribes from different perspectives,but there are some defects in these viewpoints.All of them do not provide a comprehensive and correct characterization to determine the nature of this behavior.In order to accurately characterize the behavior of intercepting bribes,such as the definition of consignments for illegal reasons,the theoretical issues such as the nature of bribery,the objective elements of embezzlement and the disposition of fraud should be clarified.Finally,on the basis of the above-mentioned theoretical problems,it puts forward that the acts of intercepting bribes can be judged as the viewpoints of non-penalty,embezzlement and fraud according to the evaluation of different subjective and objective factors.