Qualitative Analysis Of Intermediaries' "Bribery" Behavior

Based on the high-frequency vocabulary of "intercepting bribes" in judicial practice in recent years,this paper discusses whether the act of "intercepting bribes" by intermediaries should be evaluated independently and how to evaluate it from the perspective of criminal law theory and criminal judicial practice at home and abroad.Before launching the research,the concept of "intercepting bribes" by intermediaries is defined and classified according to different standards,so as to clarify the connotation and types of "intercepting bribes" by intermediaries.Then it analyzes the differences between German and Japanese criminal law theories in identifying the nature of "bribery".Finally,after clarifying the controversial issues closely related to the nature of the act of intercepting bribes,this paper discusses the new identification of the criminal nature of the act of intercepting bribes by intermediaries.The details are as follows:The first chapter is an overview of intermediaries' "bribe taking" behavior.The outline includes two main contents: the first is the concept and type of "intercepting Bribes" by intermediaries.According to the different ways of intercepting bribes,the author divides them into fraudulent intercepting bribes and embezzlement intercepting bribes,and further divides embezzlement intercepting bribes into pre-transfer intercepting bribes and post-transfer intercepting bribes.And knowingly "cut off Bribes" and "do not know".The two is the analysis of the necessity of intermediaries' independent evaluation of bribery.In order to comprehensively analyze the behavior of intercepting bribes as a whole,unify the standards of judicial practice,and crack down on and prevent bribery crimes,it is necessary to evaluate the behavior independently.The second chapter is the qualitative dispute and analysis of intermediaries' "bribe taking" behavior.Before introducing the theoretical controversy related to the nature of the act of intercepting bribes,the author first expounds the theoretical basis behind the controversy,that is,the theory of payment for illegal reasons and the criteria for judging illegality.There are many disputes about the nature of the act of intercepting bribes because of the different standards adopted by different countries and the different ideas and systems of the criminal and the civilian.Then,according to the classification of the act of intercepting bribes,the controversial content is divided into two parts: the controversy over the nature of the act of fraudulent intercepting bribes and the controversy over the nature of the act of embezzlement intercepting bribes.The different viewpoints and theories on the nature of these acts in German and Japanese criminal jurisprudence are expounded respectively.A brief comment is made.The third chapter is the specific identification of the nature of the criminal law of "intercepting bribery" by intermediaries.According to the above analysis of the controversy,the author summarizes several issues closely related to the determination of the nature of the act and must be clarified first,namely: the nature of the act of bribery to the intermediary delivery of property(belongs to illegal reasons or illegal reasons entrusted),the nature of the property intercepted by the intermediary and its attribution(the property intercepted is common property or bribery property,and who the property belongs to in different stages of behavior).In the qualitative analysis of the act of intercepting bribes,on the one hand,the author analyzes the nature of the act of intercepting property by intermediaries,on the other hand,the nature of the act of transferring property by intermediaries.The former is mainly the dispute between property and crime,and the latter is mainly the dispute between bribery and crime.Finally,combined with the above analysis,respectively enumerated the "interception of bribes" to be convicted of one crime(fraud,embezzlement)and several crimes(embezzlement and bribery accomplice)of the situation.