Qualitative Research Of Sectional Bribe Behavior

With background constantly complicate bribery crime,bribery crime related behavior qualitative also became a difficult problem,this article will discuss of the bribe behavior qualitative problem is one of the representative,in judicial practice,to this kind of behavior of qualitative is controversial.In this to be clear,this paper discusses the problems on the cutting bribe behavior is qualitative,it is mainly discussed around the following two questions:first,cut off the intercept property behavior of behavior whether to need to separate evaluation,requires a separate evaluation shall be deemed to be what kind of property crime.Second,whether the act of accepting or executing property in a bribe is deemed to be a bribery crime and shall be determined as a kind of bribery crime.To answer the two questions above,first,to judge whether the bribery act infringes the law or the law of the crime of bribery;Second,it is important to judge how the material obtained from the bribes is different.The first part of this paper is an overview of sectional bribe behavior:through the analysis of the background of sectional bribe behavior will be cut off behavior as in the process of help over bribes property behavior to intercept property behavior.The object of the act is to bribe the property,including all the property and property that can be transferred by the intermediary.Then the author,based on the question of bribery,is divided into the act of bribery and the practice of bribery.First of all,on the other hand,according to the different interception behavior,advance cut bribe behavior can be divided into "occupy" advance cut bribe behavior with "fraud"advance cut bribe behavior;Secondly,according to the offender know degree and the participation of bribery,after the cut off behavior can be divided into "knowingly"after the cut off action and "ignorance" after the cut off.In the second part of this article,the author introduces the sectional bribe behavior qualitative controversy at home and abroad,mainly in the property crime and bribery crime these two aspects.In sectional bribe behavior and property crime,in a dispute over the domestic and foreign criminal law educational world of theoretical disputes are mainly concentrated in the sections of whether the bribe behavior constitutes embezzlement and fraud,and thus become affirmation,negation,middle said many theories,such as for the author provides a theoretical basis for the following analysis and analytical thinking.In sections bribe behavior and controversy of bribery crime,the main differences are the specific charges of different,namely introducing bribery and bribery,bribery accomplice of controversy.The author thinks after through brief evaluation,on the one hand,should not only discuss the interception bribery the question of whether or not to need to separate the qualitative,on the other hand also to be discussed in the context of bribery crime,behavior person answer or implementation help to bribe qualitative property behavior.In the third part of this article,based on the above argument,the author attempts to analyze the qualitative analysis of the bribery behavior in two aspects.The first level is to analyze whether the capture and material behavior of the bribes can constitute a property crime.The author intended the briber to middlemen property entrusted behavior,behavior considered illegal reason for illegal reasons,entrusted by the property with no end to pay middlemen,so intent briber still retain ownership of the property,in the act of cutting off in advance,the author thinks that the property has not been linked with the practice of bribery crime behavior,still for the common property,behavior person to intercept occupation,should think the infringement of the legal interest of property crimes.Type in the act of cutting off,although the nature of the property has been converted into instrumental property crime,shall be confiscated by the state,the last but not before others to intercept occupation,should think the infringement of the legal interest of property crimes.The second level is the ability to analyze the consent of the bribes and the conduct of the transfer of property.Cut bribe behavior is not turned back to help the author thinks that advance the property of bribery bribery implement stage,the position of the country's staff and the duty behavior to be bought without a substantial violation or threat,so don't think can constitute bribery crime.In the act of cutting off later,because of the bribery has embarked on,at the moment should think of the country's staff position and duty behavior to be bribed substantive violation,should be regarded as bribery crime.There is an exception,in the act of "ignorance" after the cut off,because the person does not know about corruption,belong to the abstract fact cognitional error,in order to avoid subjective imputation,should think at this point do not constitute bribery crime.Finally,through the above analysis,the author thinks that the judicial qualitative of sectional bribe behavior should be points situation analysis,the conclusion is:the "occupy" prior sections bribe behavior and type "scam" prior sections respectively as embezzlement bribe behavior and fraud;The practice of"knowing the type" is considered to be a crime of embezzlement bribe behavior and fraud;The practice of "knowing the type" is considered to be a crime of embezzlement and bribery;The "ignorant" act of taking bribes can only be regarded as an embezzlement.