On The Qualitative Problem Of Intercepting Bribes

Along with the introduction of bribery cases,the intermediary or third party’s interception of property continued to occur.In judicial practice,there were different views on this behavior,leading to a variety of judgment results.This behavior has also gradually attracted the attention of related scholars,and many scholars have begun to analyze it from the aspects of payment of illegal causes,property crimes,and so on.The key to the characterization of the interception of bribery lies in two points.The first point is whether the behavior of intercepting property needs to be evaluated separately and what kind of crime is constituted in the case of evaluation.The second point is whether the act of promising or transferring property is a crime of bribery,and what kind of crime is considered to be a crime of bribery.The first part of this article is an overview of bribery interception.A series of judicial cases have been cited to show that the handling of bribery in judicial practice is insufficient.In most cases,a complete evaluation has not been conducted.Then explain the meaning of “intercept” in intercepting bribes,and what kind of property can be “intercepted”.According to whether a bribery has been implemented as a standard,it is divided into bribery before proceeding and bribery after proceeding.Intercepting bribery before proceeding is divided into "fraudulent" interception of bribery and "appropriation" interception of bribery according to different behaviors.According to the subjective perception of the actor,the interception of bribery after the proceeding is divided into "intentional" interception of bribery and "unintentional" interception of bribery.The second part of this article is the characterization of the interception of bribes beforehand.The first controversy in the interception of bribes beforehand is what is the nature of the intent to bribe the person to deliver the property to the perpetrator.This article is based on the premise of the theory of payment for illegal reasons It is considered necessary to distinguish between illegal cause entrustment and illegal cause payment.In the case of illegal cause entrustment,the person intending to bribe has ownership of the property,and the nature of the property is ordinary property.If the perpetrator obtains the above-mentioned property by embezzlement or fraud,the crime of embezzlement or fraud is established.Specifically,the "appropriation" type of bribery constitutes the crime of embezzlement,and the "fraud" type of bribery constitutes the crime of fraud.The third part of this article is the characterization of the interception of bribery afterwards.In the interception of bribery afterwards,the actor committed the act of transferring property to others.The key to whether this behavior constitutes a bribery or the introduction of bribery is whether it violates the bribery crime.Legal benefits.The perpetrator also implemented the problem of intercepting the aforementioned property,which must be based on the legal benefits of the crime of property.In the “intentional” type of interception of bribes,the act of transferring the property by the actor establishes the crime of bribery,and the act of intercepting the property also infringes the possession of the property by others,and establishes the crime of appropriation.In the "unintentional" type of interception of bribes,because the actor does not recognize the nature of his objective behavior,which constitutes an abstract factual misunderstanding,he only needs to evaluate the interception of property.