A Study On The Qualification Of Intercepting Bribery

The act of taking bribes is a new type of illegality found in recent years,that is,the phenomenon of "black eating and eating black" in real life.The act of taking bribes refers to the act of the middleman intercepting some or all of the bribe money entrusted by the briber for the purpose of illegal possession.This kind of behavior is a new problem arising from the crime of bribery,and this kind of behavior has a strong concealment,not easy to be detected by outsiders,which also adds great difficulty to the judicial department’s investigation and treatment,there is no clear legal provisions and relevant judicial interpretation to provide for it,how to characterize the behavior,It has become a hot topic in the theoretical and practical circles of criminal law,so far there is still no unified understanding,and the verdicts in such cases are different in judicial practice.Therefore,this paper selects the criminal law of the act of taking bribes as the subject,through the systematic analysis of the behavior of "interception of bribery",to define its meaning,as well as the relevant theoretical theory to evaluate,hoping to accurately the behavior of the middleman to intercept money and materials qualitative.In judicial practice,the intermediary’s private interception of bribes has a variety of types,but its nature has not changed fundamentally,the middleman used the opportunity to transfer bribes to intercept it in part or all,so that the property interests of the bribe client is damaged.In this paper,the author divides the act of taking bribes into three types:for the purpose of illegal possession,the type of fictitious fact to intercept bribes,this type is divided into two types,namely,the inability to introduce bribery and the ability to introduce bribery but do not intend to implement.On the qualitative issue of the behavior of the middleman to intercept the bribe,it will involve a basic question,that is,whether the object of illegal reason can be established fraud or usurpation crime,the author thinks that the wrongful reason entrustment can be established in the specific circumstances of the crime of fraud or embezzlement.This paper on the characterization of the act of taking bribes is mainly the theory of fraud,embezzlement and the introduction of bribery,first,the crime of fraud believes that the middleman in the process of transferring bribes,through the fictitious facts or conceal the truth of the way to make the client into the wrong understanding,the middleman and then intercept the money behavior constitutes fraud crime;The crime of occupation said that the act of legal possession of the person entrusted by the person who paid the bribe constituted the crime of appropriation,and finally,the introduction of the crime of bribery,the act of believing that the middleman in the process of transferring the bribe amount to intercept the bribe amount does not constitute a separate crime,and the amount of money it is retained shall be confiscated according to law.The above three theories from different angles to demonstrate the qualitative views on the act of taking bribes,although each has its own reasons,but there are also shortcomings,can not be the middleman to intercept the behavior of bribery comprehensive,correct characterization.The last part of this paper is to make a qualitative analysis of different types of bribery on the basis of the above argument.Types of fraud convictions include the ability to introduce bribes and the inability to introduce bribes but do not intend to commit them.And some suggestions and thoughts on this article at the end.It is hoped that the in-depth study of the act of taking bribes can provide some help for dealing with all kinds of interception of bribery in judicial practice and contribute its own strength to judicial fairness and justice.