On The Qualification Of "Intercept Bribery"

With the CCP's efforts to strengthen anti-corruption work,the anti-corruption struggle has become an important part of the comprehensive and strict administration of the party.We have also found that the characterization of bribery-related crimes has also become a problem,in which intermediaries appearing in bribery cases have become a representative issue.Especially in the introduction of bribery,the middleman's "bribe" behavior is qualitative.Regarding the question of the qualitative nature of the act,there is no clear regulation on the current legal and judicial interpretations in China,and there is also considerable controversy in practice and theory.The controversy between theory and practice has led to the phenomenon of uneven sentencing in the regulation of such behavior.Therefore,it is necessary to analyze the practice of bribery.Through the combing of the existing theoretical disputes,according to the behavior of the actor's bribery,the nature of the legal infringement and the nature of the intercepted property are analyzed in essence.That is to say,from the "bribery" behavior,the act encroached on the property of others,infringed on the property rights and interests of others,and conformed to the criminal constitution of property crimes in the criminal law.Therefore,the determination of the nature of intermediaries' bribery should be based on the different circumstances of the intermediaries' bribery,and they should be evaluated separately for the crime of embezzlement or fraud in the criminal law.The full text of more than 30,000 words,in addition to the abstract and the conclusion,the main body is divided into four parts:The first part mainly introduces the domestic and German and Japanese disputes on the definition of "bribery".According to whether it is evaluated separately,the different doctrines of the "criminal bribery" behavior regulation in our country's criminal law are divided into two categories: regulation by bribery crimes,and judging the "bribe" behavior based on whether or not to include the transfer of property.Crime of sin,bribery or accepting bribes;regulation of property crimes,that is,whether the act of “bringing bribes” constitutes a crime of embezzlement or fraud,there are many disputes.The German and Japanese disputes on the definition of "bribery" are mainly analyzed from relevant jurisprudence and academic theory,and the different theories of "cutting bribes" in Germany and Japan are found.The second part mainly analyzes the key factors affecting the definition of “bribe”.First of all,through the analysis of the lawsuit system for the illegal reasons in our country's criminals,the criminal law should make a different distinction between the illegal reasons and the unreasonable reasons.The nature of the property intercepted by the intermediary should be regarded as the unlawful reason.Secondly,from the relevant laws and judicial interpretations in China,bribery can be the object of property crimes,that is,the unlawful reason can be the object of property crime,which belongs to the scope of “property” in the crime of property infringement in our country;finally,analytical theory or In practice,the key to the qualitative inaccuracy of bribery is the inaccurate understanding of the legal benefits of the violation.Although the behavior is implemented in the introduction of bribery crimes,it is found that the legal benefits of violations belong to the criminal law property of China.Public and private property and property order protected in crime.The third part mainly analyzes the bribery behavior of the crime of encroachment.First,according to the different time periods that the middleman intercepts the bribe,the presentation is introduced.Secondly,the meaning of "occupation for custody","occupation of facts" and "refusal of non-refundability" in the composition of the crime of embezzlement is related to the interception of bribes by the intermediary.Finally,the analysis of the means by which the middleman uses encroachment,in fact,will illegally take possession of the possession and refuse to return it,in accordance with the constitutional elements of the crime of embezzlement,and establish the crime of embezzlement.The fourth part mainly analyzes the bribery behavior of the crime of fraud.First,according to the time course of the interception of bribes by the middleman,the expression of its behavior is introduced.Secondly,the crime of fraud is linked with the act of bribery of the middleman,and the composition of the crime of fraud is analyzed.Finally,in the act of bribery that may constitute fraud,according to the criminal constitutional model of fraud,combined with the intentional generation of the interception of the perpetrator and the stage of the objective deception,the analyst analyzes the property by fraudulent means.That is,the act of defrauding the victim by “disposing” his property for the fraudulent act of the intermediary should be considered as fraud.