On Judicial Cognizance Of The Crime Of Mediating Bribery

In his book Freedom and Power,Lord John Emmerick Edward Dalberg-Acton,a British ideological historian,mentioned that "power leads to corruption,absolute power leads to absolute corruption".If public power is not effectively restricted,it will inevitably lead to uncontrollable corruption.As the fastest developing country in the world,China’s government plays an important role.However,the power rent-seeking has also become the focus of livelihood debate in the current era of massive infrastructure construction and rapid economic development.Public power still plays a leading role in people’s social life.The consequence of this dominant public power is the improper expansion of rights,which makes people’s lives interfered in varying degrees.After the eighteenth National Congress of the Communist Party of China,China’s anti-corruption situation is rapid,and a far-reaching,large-scale,top-down pyramid-type anti-corruption campaign has been launched throughout the country.One of the aims of this anti-corruption model is to put the government’s public power into the cage of the system,to further control public power in an orderly manner,and to protect the rights of the people as far as possible.Among the various forms of corruption,bribery crime is a high proportion type.In the crime of bribery nature,there are different forms in the process of crime,which become more and more complex in the whole practice process.This characteristic leads to the difficulty of combating the crime of bribery and acceptance.Among many bribery and bribery crimes,mediation bribery crime has its own particularity and concealment,which is related to the actual national conditions of our country at present,and is more inclined to the situation of human society,which provides a common breeding ground for mediation bribery crime.This actual situation has increased the difficulty for judicial organs to investigate related cases.Regarding the crime of mediation bribery,our country has accumulated a certain degree of details in both the practical field and the theoretical field.Especially the theoretical research on mediation bribery in the theoretical circles has guided the relevant legislation and judicial work to a great extent,and the development of the theory of criminal legal interests has provided the core thread of theory for the definition of mediation bribery crime.In addition,China has also been drawing on the relevant theories of foreign countries to conduct comparative research,which also provides some reference and help for the theoretical development and practice of mediation bribery crime in China.