Criminal Law Evaluation Of Bribery Interception

In recent years,with the continuous development of society and economy,the number of corruption and bribery cases has been increasing,coupled with the complex and changing characteristics of bribery and bribery cases,the practice of bribers commissioning middlemen to participate in bribery has started to appear in judicial practice,especially The bribery interception is constantly occurring,and the ways of participating in bribery interception are variable and the means are complex.It is also difficult to determine in judicial practice.The reason why it is difficult to characterize the bribery interception behavior is that the criminal law and related judicial interpretations lack clear provisions for it,and the second is that there is no unified opinion in judicial practice.The theoretical and practical circles have been controversial about this.Different judgments in the same case of the court often occur.In order to solve this problem,this article starts from the bribery interception itself,discusses its behavior mode and characteristics,and then classifies the bribery interception.Then,from the basic standpoint of reasonable evaluation of bribery interception,analyze and judge different types of bribery interception,and finally make an accurate evaluation of its legal character.It is hoped that the results of this survey will provide a reference for future research on this topic,and provide sufficient theoretical support for handling such cases in judicial practice,distinguishing between crime and non-crime.This article is divided into four parts: introduction,main body,conclusion,and thanks.The main body is divided into four chapters.Chapter 1: Analysis of the behavior of retaining bribesThis chapter is intended to analyze the behavior of bribery interception and lay a foundation for discussion on the issue of crime evaluation.Bribery interception refers to the act of bribering a third party other than the bribe recipient and the middleman,that is,the middleman,after accepting the commission of the bribe transfer of the property,and illegally deeming the property in part or in whole.The analysis holds that:(1)Bribery interception is a collection of two behaviors: the act of accepting bribes to pay the property and promising to transfer it,and the behavior of retaining property in the process of transferring the property.(2)The property in the interception of bribes is illegally entrusted to pay from the payer’s point of view,which is illegally acquired from the perspective of the middleman,and the ownership belongs to the state(according to Article 59 of the Contract Law of China and Article 64 of the Criminal Law Regulations).(3)The interception of bribes and the crime of bribery are related,and at the same time have the basic characteristics of relative independence.(4)There are four types of bribery interception: no intermediary bribery in the pure transfer,intermediary bribery in the pure transfer,no bribe transfer in the introduction of bribery,and bribery transfer in the introduction of bribery.Chapter Ⅱ: The Basic Position of Criminal Law Evaluation of the Act of Withholding BribesThis chapter establishes the criminal law of bribery interception through the analysis of the legal benefits of different types of bribery interception.The basic position of the evaluation.The thesis holds that:(1)The legal benefits of different types of bribery interception are different.Among them,the bribery without transfer during simple transfer violates a single legal interest—property in property,and the double bribery(for bribery crimes and property legal benefits)is violated for simple transfer with bribery transferred.Infringement of dual legal interests(introduction of legal benefits of bribery crimes and property legal interests),introduction of bribery in the transfer of bribery violations of triple legal interests(introduction of legal benefits of bribery crimes,legal benefits of bribery crimes and property legal interests).(2)The three evaluation positions of criminal law scholars on bribery are flawed.Among them,the standpoint of the subordinate evaluation of bribery crimes paid attention to the correlation between bribery and bribery crimes,but ignored the independence of bribery itself.The standpoint of the independent evaluation is the opposite.It pays attention to the independence of the bribery interception itself,but ignores the relevance of the bribery interception and the bribery crime.Moreover,the standpoint of the individual evaluation is also insufficient.The standpoint of multiple crime evaluation considers all bribery interceptions unreasonable.(3)The basic position of the criminal law evaluation of bribery interception should be classified according to the type of bribery interception.Specifically,there should be a single evaluation of non-transferred bribery during simple referrals,a double evaluation of non-transferred bribery during simple transfers,and no transfer of bribery during simple referrals,and a double evaluation after comprehensive bribery of referrals(Dual evaluation of the introduction of bribery and bribery according to the principle of imaginary competition and cooperation and the behavior of retaining property).Chapter Ⅲ: Specific Criminal Law Evaluation of the Behavior of Detaining PropertyOn the basis of proposing a classification evaluation position in Chapter 2,this chapter makes a final criminal law evaluation of specific bribery interceptions,and reviews the judicial cases mentioned in the introduction.First of all,the following specific evaluations are made of different types of bribery interception.First,for the bribery interception without transfer in the simple transfer,because there is only the behavior of retaining all property,which conforms to the structural form that the intermediary changes possession to illegal ownership,it should be evaluated as Embezzlement.Secondly,with regard to bribery in the case of simple transfer,the act of retaining property should be evaluated as the crime of embezzlement,the act of transferring property should be evaluated as the crime of bribery,and finally punished by the crime of embezzlement and the crime of bribery.Thirdly,for the introduction of bribery without referral in the introduction of bribery,the possession of property constitutes the crime of embezzlement,the introduction of bribery satisfies the serious evaluation of the crime as the introduction of bribery,and finally the crime of embezzlement and the crime of introducing bribes are punished.Fourth,for the introduction of bribery in the introduction of bribery,the act of retaining property should be evaluated as the crime of embezzlement.The introduction of the property in the introduction of bribes is in line with both the crime of helping the bribe and the crime of introducing the bribe.Evaluated by bribery,and ultimately punished by embezzlement and bribery.Then at the end of the article,on the basis of clarifying the ideas of judicial adjudication,the judgment of the types of cases mentioned in the introduction is pointed out,the omissions in judicial decisions are pointed out,and correct and reasonable judicial opinions are put forward to respond to judicial differences.