Study On Determining The Nature Of The Intermediary Act

The introduction of a middleman act in civil law,the concept of the contract of brokerage,intermediary.The broker refers to the other party of the contract or to provide the opportunity to report the media services contract person.When the information provided by related crimes,the middleman act into the criminal law category,the type of crime that is being discussed in the paper intermediary.Now,with China’s current criminal law on the crime of the middleman in three ways,one is the intermediary behavior of a separate crime,such as prostitution and the bribery crime;the other is treated as the crime of Association;there is a slight plot made directly to the crime.This approach makes several different intermediary crime started in the academic circles,also brought confusion to the judicial practice.However,over the years,few experts and scholars to conduct a systematic discussion on intermediary behavior,is more a case of a crime.Therefore,in my humble opinion,a comprehensive exposition and Discussion on criminal law in a middleman act,on the current judicial practice of great significance.Accurate characterization of a middleman act in criminal law,to guide the judicial practice to solve the confusion in the role.This text is divided into three parts,the four chapters.The first chapter,first from the criminal law intermediary behavior of the existing view of overview,introduced the concept of intermediary behavior statements,and reveals the author’s point of view.At the same time,characteristics of intermediary behavior types are described,so that we can grasp the preliminary of intermediary behavior.The second chapter introduces the legislative and judicial status to intermediary behavior from the angle of legislation present situation and the characteristics of listed Chinese intermediary behavior,as well as the legislative status of the judicial problem,especially for the introducing bribe crime and crime of introducing prostitution,introducing bribery and bribery,bribery crime,sentencing the severity of the difference in judicial practice.The following is the essence of differences of intermediary behavior for which the theory of the problem?This is the first part of this paper.The third chapter is the focus of this paper,but also part of the argument.The first section is written in criminal law intermediary contend behavior qualitative theory,based on several different theoretical analysis,showing the theoretical differences in criminal law intermediary behavior.The second section from the origin,meaning an intermediary in help crime theory,drug crimes introduced behavior regulations as well as international criminal law legislation multi angle of intermediary behavior qualitative discussion.The third section I view on criminal law intermediary behavior qualitative conclusion: should be defined as an accomplice,for in the existing criminal law legislation should cancel the crime,accomplice to unified positioning.The third section focuses on the conclusion of this paper.By himself on the subject of the research,in-depth excavation of criminal law intermediary crime in law cannot easily and crime in the crime constitution does not meet the independent crime.Accordingly,to fully prove the conclusion: Criminal Law on intermediary behavior should be characterized as an accomplice.The above is the second part of this paper.The fourth chapter is divided into two sections,the first section,the analysis of the case of the accomplice,the abolition of a crime,the introduction of bribery,the introduction of prostitution charges identified.In section second,several problems related to intermediary crime: such as intermediary contract,to distinguish between related crime the role of judge,crime standard,stop form identification and new intermediary criminal behavior.The last section intermediary explore new forms of crime is a relatively new,although rare,have created functions for the exploration of the subject.This is the third part of the content.The context of this article is basically the case.