Qualitative Research On Intermediation In Bribery Crimes

Bribery and corruption in the process of the emergence of the broker, either by the briber please help bribery, either by the recipient of a help of bribery, therefore, always represent the interests of one party or both parties, service for one or both, there can be no neutrality of the third person is completely introduces a bribe.In terms of introducing bribery, actor subjectively recognized that he is in to fix for bribery and corruption, facilitate communication,, must know the oneself is in to help pay for making, therefore, the meaning of "help bribery perpetrators" and "introducing bribe deliberately" no substantial difference.Crime is the nature of the infringement law, criminal law protection is the purpose of profit. In fact, under the condition of same infringement law benefit to behavior person how much profit as the distinction between crime and not crime, this crime and the standards of sin, is to ignore the nature of the crime. In addition, for a bribe, recipient would implement a bribe behavior, not the buy off of the post has been infringed, reached with state, does not require human, financial and achieve it. Help others to seek, therefore, even if there is no share of stolen goods, already constitute bribery also help make.The legislation set the introducing bribe crime led to felony light punishment, do not meet the punishing corruption criminal policy, criminal law system and lead to lack of coordination, should be abolished.Before the criminal law does not abolish the introducing bribe crime, constitutive elements of the crime should be strictly interpreted, limit the scope of the crime. Bribery is a crime of bribery behavior, its essence is the crime of bribery accomplice, accomplice theory according to the bribery conviction and punishment. In the relationship between the bribery crime and bribery crime, the distinction between base to reserve of the introducing bribe crime, puts forward some standards to distinguish the bribery crime and bribery crime. But these criteria to distinguish between the existing basis unreasonable, fuzzy boundaries, in practice difficult to operate shortcomings. Analysis from the legislative point of view, the introducing bribe crime in criminal law is not the value of existence, through the accomplice theory can solve the introducing bribe crime. The angle type from the deconstruction of interpretation, the introducing bribe crime and not much living space and room. Specifically, from the angle of coordination of balance between crime and criminal justice system, the introducing bribe crime should be limited in the actor who knows someone through bribery to state functionaries duty behavior, and provide the information to the national staff, on this basis, ifthe case is serious to crime. In addition, the intermediate human trustees interests actively seek and contact bribery object, by the trustees commissioned to pay bribes, knowing that the briber to bribe and create conditions for the opportunity, for help, bribery bribes or accepting property, extension beyond the introducing bribe crime is a behavior, should be based on bribery accomplice. In the introducing bribe crime and mediate bribery crime, bribery crime by the influence relations, concurrence relationship. Whether it is on the basis of enactment concurrent crime or imaginative jointer of offense, not the introducing bribe crime applicable room. Typical of the bribery crime is behavior person to use their powers of direct manipulation. Mediate bribery crime is the use of their powers indirectly manipulate other people's authority. The typical characteristics of influence using bribery is the act of using their non authority influence to make money. In order to bribery and bribery bribes to intermediaries and entrust it to, is a kind of payment behavior illegal reason based on the property, bribery can not claim the system of unjust enrichment. The man in the middle will be entrusted to bribes in whole or in part to the occupation of the behavior, and not to protect the law profit violation embezzlement crime, not to embezzlement. However, the intermediate people turn to bribe behavior has constituted the crime of bribery accomplice, this part of money is used for bribery crime tool of stolen goods, should be confiscated according to law.If the man in the middle is to obtain money from bribery by fraudulent means, it should be with punish of crime of fraud.This paper is divided into four parts. The first part is the case introduction: mainly the merits of the case, the trial process makes a general statement, and refines the case focus of controversy. The second part is the analysis of the problem: focus case involved, one is the relation between the introducing bribe crime and bribery, bribery crime, the two is the introducing bribe crime and mediate bribes, the definition of bribery crime of influence, three is the intermediate people occupying private bribes behavior qualitative, combining the case analysis. The third part is the conclusion: mainly discusses the combination of theory, the first part of the conclusion of the case for.The fourth part is several enlightenment: mainly puts forward several opinions to deal with similar cases in the judicial practice.