On The Act Of "cutting Bribes"

Interception of bribery is commonly known as the "black eat black",refers to the violation of the will of the bribery,for the purpose of illegal possession,will be under their own control of the property to be all or part of the detention.This highly concealed behavior has increased the difficulty of the judicial departments to investigate and deal with how to characterize this behavior,whether there is a need for criminal strikes,become a hot issue."Bribery" behavior is generally accompanied by bribery,if not to combat,will contribute to such criminals chances,making bribery more difficult to investigate and deal with social and economic progress and development.Only to clear the characteristics of "bribery" behavior,the nature of bribery property and its relationship with the relevant bribery in order to accurately combat such crimes.At the same time,due to the particularity of the interception of funds and materials,must be "bribery" involved in the cross-cutting issues discussed in order to better distinguish between crime and non-crime,the crime and the crime,to ensure the smooth conduct of judicial activities.Specifically,this article has four parts,namely:The first part is mainly the "bribery" behavior problem and the "bribery" behavior of the criminal strike necessity and characteristics of the analysis.First of all,through the judicial practice which deal with the "bribery" behavior of the referee case analysis,summed up the four kinds of "bribery" behavior,namely: First,identified as the introduction of bribery crime situation;the second is identified as the crime of fraud Situation;third is identified as the situation of bribery,four is identified as the use of influence of the situation of bribery.After the analysis of "bribery" behavior,that this behavior has serious social harm,should be criminalized.And then its characteristics of the analysis,that it has the following characteristics: First,"bribery" crime object is the property of others;second is the "bribery" crime is the main body of the bribe;third "bribery" crime Objectively the implementation of illegal possession;Fourth,"bribery" crime subjective deliberately.The second part mainly discusses "bribery" and related bribery crime,that "bribery" and the relevant bribery have similarities,but also different,should be specific analysis.The third part mainly analyzes the "bribery" behavior through the perspective of the relationship between the people and the people.Where the amount of money retained is an unlawful cause of payment,there is a great deal of controversy over whether the perpetrator's conduct of the interception of the money constitutes a crime of embezzlement or fraud.From the perspective of the order of law to discuss civil law on the protection of unlawful reasons to pay,criminal law can be protected.Then,from the further analysis of the legal protection of property crime,there are three kinds of theories about the concept of property,namely,legal property,economic property and legal and economic property.The fourth part of the proposed "bribery" behavior of the proposed recommendations.There are two cases.One is identified as fraud,including the inability to introduce bribes,have the ability to implement the introduction of bribery and false two entrusted illegal possession of property three processing mode.Second,identified as the occupation,including the introduction of bribery is not realized but refused to return the property,the middle of the interception of some or all of the property and "less after delivery" possession of three kinds of money.At the same time,because of the crime of fraud and embezzlement on the amount of the existence of the requirements,so how to deal with the interception of the specific amount of crime,how to determine the amount of crime is also divided.Only to accurately define the different types of "bribery" behavior,accurate qualitative,in order to accurately combat such crimes,and better maintain the unity of the judiciary and social order.