Implications Of Criminal Law For The Payment Of Illegal Reasons

Whether it's a payment for a bribe or a gift for extramarital affairs,In recent years,such acts of illegal causes have been showing a high incidence in China.However,in China's civil law,there is a lack of payment system for illegal reasons.This has also led to many differences in the research on the protection of legal interests whether the payment of illegal causes is a property crime.This article takes the bribery interception of criminal law as a research object.The purpose is to provide a reference for the accurate judgment of bribery interception in judicial practice through the analysis of the nature of this behavior.In this regard,the text will explore the nature and practical application of bribery interception on the basis of clarifying the criminal-civil intersection theory of illegal causes.In order to solve the above problems,this article starts from four aspects:The first part:Discuss the controversy in the two major areas of civil law and criminal law.Firstly,it analyzes the connotation of illegal cause payment,enumerates the provisions of civil law in some countries on the payment of illegal cause,and provides arguments for citing extraterritorial arguments later.Secondly,it introduces the dispute between Japan and Germany's criminal law and civil law academics on whether to distinguish between payment of wrongful cause and commission of wrongful cause.And through a comparative analysis of the attitudes of the two national criminal academies to the payment of illegal causes,elicits the following discussion on whether the judging criteria for illegality in different jurisdictions are "unary" or "relative",further endorsing the position of illegal relativity on the premise of the unity of the legal order,agreeing that the criminal law has a certain degree of independence,leading to the discussion on the nature of bribery interception.The second part:The specific content and current situation of bribery interception.Briefly discuss the connotation of bribery interception,and classify the common types of bribery interception according to the behavior stage of the interception and the subjective intention of the intermediary;Second,enumerate several theories on the nature of the object of bribery interception in the field of criminal law,based on the position of distinguishing the payment of wrongful reasons from the commission of wrongful reasons,and then recognizing the nature of the intercepted bribe as the commission of wrongful reasons,provide a theoretical basis for the discussion of what kind of legal interests and crimes are violated by intermediary seizures,at the same time,introducing the legislation and judicial status of bribery interception in China,and explaining the reasons for unreasonable punishment.The third part:Contrast and elaborate on several controversial theories of deciding bribery.First of all,on the basis of analyzing the three types of doctrine of Legal protection of property in Germany:"economic preperty theory","legal preperty theory","legal-economic preperty theory',recognize that the object of bribery interception has criminal law legal benefits,and at the same time compare several positive and negative perspectives on several theories of the nature of bribery interception,investigate whether it is reasonable to determine bribery by fraud,embezzlement,or bribery.The forth part:Transform the theoretical results of the research on the nature of bribery cut into the opinions and references applicable to judicial practice.This chapter discusses the situation where intermediary bribery constitutes a crime in practice,According to the difference in the principal of the commission,it can be divided into the middleman accepting the bribe and then cutting the bribe and the middleman accepting the bribe and the bribe intercepts,when the middleman accepts the commission of the briber,the middleman uses the introduction of bribes as a gimmick,and the fraud-type interception of bribes with the intention of defrauding the bribes may constitute a crime of fraud,When the act of introducing a bribe is followed by a temporary intentional possession of the bribe or after the bribe is returned,The introduction of bribery and embezzlement may be established at the same time.While taking possession of the bribe in the process of receiving the commission of the bribe recipient,need to consider the possibility of felony and bribery;Then,further combine the specific ways of intermediary behavior and the types of violations of legal interests.