The Study On The Behavior Of Middle-man For Bribery Interception

The behavior of bribery interception of middle-man refers to that the middle-man intercepts the whole or part of bribe secretly and then owns it during the process of transferring the bribes when the middle-man carries out the bribe.The major disputes exist in the bribery interception by the middleman in the judicial practice and the similar cases are often judged differently;the reason why the different judgement and incomplete evaluation of the similar cases by middleman for the behavior of bribery interception is due to the deviation which is existed in the nature of criminal act by court,and the controversy over the nature of the possession of the wrongful cause is the key to these cases.The property crime is the infringement of property law.Among the cases of the behavior of bribery interception of middle-man,it should be the incisiveness from the perspective of infringement law of bribery.What the property criminal protects is possession and property possession is not limited to the conception of civil law.Defining the nature of bribery behavior and the nature of bribes is whether the advance of infringement of legal interests in property.The behavior which briber paid to the middle-man is in accordance with the one of entrust property for illegal reasons and the property ownership doesn’t transfer to the middle-man,“payment for wrongful reasons” is not the same meaning as “commission for wrongful reasons”.The object of the crime,i.e.bribes among the behavior of middle-man conforms to the property concept defining by property criminal,and with the development of introducing the bribery behavior transfers the general property attributes to criminal instrumental property.Developing from the two core problems where the crime of intercepting bribes is ascribed further analyze whether middle-man’s interception of commission for illegal reasons is infringe the legal interest protected by property crime.This judgement confirmed is not only in favor of attribute to criminal law of the behavior of bribery interception of middle-man but also provide the direction of specific conviction of the behavior of bribery interception of middle-man.During the link of specific conviction of behavior of bribery interception,we should analyze from the angle of financial crime based on the principle of legality,the interception of bribes of middle-man should be different from crime of fraud and crime of theft.However,occupying the bribery of middle-man based on the illegal commission meets the requirement of “in commendam” of encroachment,and meanwhile,the use of bribes as the owner accords with the performance of “illegal occupies by oneself” and “refuse to return”,and the objective facts are used as the basis to infer the subjective offense.The behavior of bribery interception of middle-man should establish crime of embezzlement,which doesn’t belong to sentencing circumstances of introducing the bribery,and should behoove regulated separately by criminal law and should get cumulative punishments with bribery.