Qualitative Research Of Sectional Bribe Behavior

The "intercepting bribes" is still a new problem in the current crimes against property crimes and bribery.There are no clear legal provisions,and it is also difficult to investigate criminal acts."intercepting bribes" is also known as "black to black",and its behavior is mainly manifested by the third person intercepting the bribes intended to be delivered to him by the bribe and refused to return.This phenomenon not only increases the state's burden of rectifying corruption and bribery cases,but also encourages the unhealthy trend of asking for work and seeking private interests,which is not conducive to the maintenance and development of social justice order.By combining case and theoretical analysis,the main crux of the qualitative dispute of "intercepting bribes" lies in how the illegal causes of payment are properly regulated in practice.In order to actively face this issue,the article is divided into four parts,as follows:The first part of the thesis introduces the typical cases of five eases of "intercepting bribes",which leads to the current civil law to unify the behavior of the law because it does not recognize the legal protection of the "intercepting bribes".Therefore,from the perspective of the relative order of the law order,the criminal law should protect the infringed property order and property interests without prejudice to the civil law legal protection system,and regulate the crime of "intercepting bribes".In addition,in order to explain more clearly how to "cut a bribe",from the analysis method,choose the method of word dismantling,and explain the basic elements of crimes such as "interception" and"bribery".The "bribe" behavior is divided into two types:"occupation-type bribery"behavior and "fraud-type bribery" behavior,so as to provide a judicial application for the corresponding qualitative approach.The second part of the thesis mainly sorts out and analyzes the different controversial views on the definition of "intercepting bribes" in practice,which leads to the fundamental reason for the divergence of viewpoints is the interpretation of the different theories of the reasons for the reasons for the illegal reasons.Therefore,an in-depth analysis was carried out around the negative,affirmative and two-point author.It shows that the position of insisting on two points is said.And the third part is combined with the theory of unlawful reason payment.The theoretical pavement of the issue of "bringing bribes" and "removing bribes" in the act of delivering bribes is carried out.The third part of the thesis,we first solve two theoretical problems;whether the distinction between unlawful cause payment and unlawful reason entrustment and the illegal cause of payment can be included in the scope of criminal law protection regulation,and what basis is applicable.Under the premise of analyzing the theory of property legal protection of Germany and Japan,it is concluded that the bribe is the unreasonable cause of payment and the delivery of the bribe is the unlawful reason entrusted behavior,thus clarifying that the behavior of "intercepting bribes" should be evaluated as property crime.After that,the third person's help to transfer bribes is divided into the "promise" stage and the "implementation" stage,and the conclusion that the different stages of helping the transfer of bribes will affect the "intercepting bribes"which will be concluded.And in the "implementation" stage of helping to transfer bribes,if the third person knows the purpose of the bribe and helps to transfer,then the referral will undoubtedly exceed the scope of the introduction of bribery,and the accomplice or helper of bribery should be It is advisable to evaluate the behavior of bribes.In the fourth part of this article,personal recommendations are made for the judicial application of "intercepting bribes".First of all,from the procedural point of view,the"intercepting bribes" should be evaluated separately.Secondly,the criminal factors of"intercepting bribes" should be comprehensively considered,and a qualitative analysis of the behavior should be carried out.From the specific judicial application,there are two main ways to deal with bribery,which are corresponding to the "fraud-type bribery"behavior and the "occupation-type bribery" behavior.In the judicial treatment of"fraud-type bribery" behavior,it is mainly divided into two cases:no introduction of bribery ability and introduction of bribery intention,all of which constitute fraud.In the judicial treatment of "occupation-type bribery" behavior,it is mainly divided into two cases:the use of bribery and the use of unknown bribes.In the special case of the use of bribes,the third party is at the stage of helping to transfer bribes,which constitutes an accomplice in bribery,and is regulated by the crime of embezzlement.