Criminal Law Regulation Of Bribery Interception

"Interception of bribes" refers to the act of a middleman who intercepts part or all of the bribes as his own when he accepts the briber or entrusts the briber to transfer or collect the bribes on his behalf.lts essence is the intermediary act of bribery.Its essence is the intermediary act of bribery.lt is not simply the introduction of the crime of bribery or bribery itself,but the problem closely related to it.As for the regulation of "bribery interception",domestic and foreign criminal law scholars have different perspectives to discuss its nature from different perspectives.Relevant arguments are reasonable,but they fail to give a unified.comprehensive and accurate regulation standard.There are also inconsistencies in court cases in judicial practice.On the basis of the specific investigation of relevant cases and the analysis of theoretical disputes at home and abroad,the lack of evaluation of "gifts for illegal reasons" in civil law and the penal punishability of "bribery interception" itself determine the necessity of uniform regulation of criminal law.On the premise of clarifying the characteristics of the act of "intercepting bribes" and the bribery nature of the money and property transferred by the trustee from the beginning,the subjective and objective factors of the intermediary and the related personnel are fully considered.When the intermediary is a non-state worker,the possibility of constituting the crime of fraud and embezzlement exists.On this basis,the intermediary is identified as constituting the crime of fraud and embezzlement according to the various situations in which the act of "intercepting bribes Crime and related personnel’s behavior are regulated by criminal law.The reasons for dealing with various situations according to the crime of fraud or embezzlement,especially whether the trustee knows or the corresponding state functionary knows such a complex situation,the means of regulation of criminal law are different.At the same time,the subjective and objective state factors of the trustee other than the intermediary and the relevant personnel of the State functionary must be taken into account,and finally the various replies to the "interception of bribes" occur.Suggestions are made on the regulation of miscellaneous situations.