The Criminal Evaluation Of The Behavior Of Withholding Bribes

The Behavior of withholding bribes is a new type of breaking the law in recent years.Through six cases show that different pattern of manifestation.There is no independent assessment of the withhold bribes in the circumstance of existing law.So this behavior usually is evaluated as the crime of embezzlement,the crime of fraud,crime of introducing bribe and crime of offering bribe.In practice,there is also a case of bribery,where the bribe money is determined as unjust enrichment and determined by the civil law.There is a big controversy of the Nature Withholding Bribes.Because of the Behavior of withholding bribes is depended on basis illegal reason to pay.In regard to the nature of withholding bribes,the legal system more advanced country in the world like Japan、Germany、and American,there is also a great controversy in the theory and practice.On the basis of the objective performance of withholding bribes,except the behavior of pretending to know a leader and having the capacity to achieve something,once the man who ask for help give money to doer,and then reject to give back.By comparison with Other forms and the current criminal law is not fit well,On the basis of respect for human nature and the general activity of social normal.Depending on the specific circumstances,if the current criminal law can evaluate correctly,so just do it;if the current criminal law can’t evaluate correctly,depending on comprehensive theoretical analysis.According to the time of the doer Withhold the Bribes,does the doer withhold the bribes prior to deliver the bribes or after bribee return part or all of the bribes to determine the charges.If the doer withhold the Bribes is prior to deliver the bribes,constitute embezzlement;If doer is take advantage of some special relationship with the recipient.If doer withhold bribe is after bribee give back part or all of the bribes because he can’t achieve something or don’t need so much money,under this circumstances,if evaluate this behavior the crime of introducing bribe,confiscation of property as illegal gains,rather than make a separate evaluation,the criminal law can’t effectively play the role of punish crimes and educate the citizen.For this type,we should evaluate it as the crime of withhold bribes,set different punishment.