Research On Criminal Law Of Interception Of Bribery

Interception of bribes is often seen in bribery crimes,also known as "black eat black" behavior,which refers to the behavior of intermediaries to intercept bribes through various means.Under the current high-pressure anti-corruption policy,it is difficult to realize the crime of corruption and bribery through the traditional direct transaction model.At this time,the existence of intermediaries provides convenience for "money and power transactions".The author found that in judicial practice,the intermediaries were no longer satisfied with facilitating bribery crimes,and they would take advantage of the reliance of the bribery parties on themselves to intercept bribes.However,such phenomena are becoming more and more common,there are still a lot of cases of different sentences in the same case,and there is still no conclusion in the theoretical circle.Therefore,this paper focuses on the qualitative problem of bribery interception and conducts criminal law research,mainly focusing on the application and choice of bribery interception.Discuss the typification of bribery interception.The first part is an overview of bribery interception,which is used to introduce the overall situation of bribery interception,including the current situation,concept and characteristics of bribery interception.The identification of the concept is the first step in solving the qualitative problem.There is no consensus on the concept of bribery interception in academic circles.The more common ones are the generalized bribery interception behavior and the narrower bribery interception behavior.The former includes all interception behaviors,while the latter believes that bribery interception behavior means that the perpetrator does not inform the bribery parties.The act of appropriating oneself privately only occurs in the process of bribery crimes,or even in the introduction of bribery crimes.After making a compromise between the two viewpoints,the author limits the interception of bribes to the behavior of intermediaries intercepting bribes in the process of having a clear target of bribery or bribe-taking.On this basis,it is determined that the main body of bribery interception is the middleman who introduces bribery,and it is proposed that bribery interception is characterized by concealment and independence,which enriches the connotation of bribery interception and provides a basic tone for judicial practice and theoretical qualitative research.The second part discusses the criminal law regulation of bribery interception.The essence of bribery interception is payment for illegal reasons.According to the provisions of the Civil Law,the client who makes payment for illegal reasons loses the right to request the return of property and property due to the illegal behavior.However,the act of intercepting bribes has the legal consequences of "illegal is legal" due to illegal payment,which is the disadvantage of illegal payment.When the regulation of civil law has obvious defects,should the criminal law intervene in regulation? Does the involvement of criminal law violate its modesty? The answers to the two questions determine that the criminal law must intervene in the regulation of bribery interception.Whether it is considered from the necessity of regulation or the practical possibility of regulation,there is room and reason for regulation.The identification and punishment of behavior need to be cut from the perspective of criminal law.The third part is about the criminal law evaluation of bribery interception.The academic evaluation of bribery interception is divided into the theory of innocence and the theory of guilt,with the theory of guilt as the mainstream view.Scholars who hold the theory of innocence believe that intercepting bribes is not punishable after the fact and does not constitute a crime;some scholars believe that money is special,so intercepting bribes does not constitute a crime.Scholars who agree with the theory of guilt have different opinions.Some believe that interception of bribes is a crime of fraud;some believe that it constitutes a crime of embezzlement;Accomplices of bribery and bribery are identified.However,these views are reasonable and there are also some shortcomings,which need to be analyzed in detail.The fourth part is the analysis of the types of bribery interception.For the determination of bribery interception,it is determined that the moderate illegal monism is used to evaluate the interception of bribery.On this basis,the interception of bribery is limited to the crime of bribery.According to the bribery interceptor’s behavior as the basis for the division,this paper proposes the classification of bribery interception behaviors,and believes that bribery interception behaviors include fictitious factual bribery interception behaviors,take-and-not-return bribery interception behaviors,and intermediary bribery interception behaviors.Further subdivision,in the fictitious fact-based bribery interception,the fictitious object-based bribery interception is regarded as the common crime of fraud,and the halfway crime of bribery is punished according to the crime of introducing bribery and the crime of fraud;The bribery that is handed over and intercepted is determined as the crime of embezzlement,and the embezzlement type is dealt with as the crime of introducing bribery and the crime of embezzlement after being rejected;the intermediary bribery is punished by the crime of introducing bribery and other crimes.Through this type of classification and characterization,the distinction of bribery interception is realized,and the characterization of different types of bribery interception is carried out to realize the criminal law qualitative research on bribery interception.