Research On Criminal Law Evaluation Of Abduction Of Bribery

There is currently no uniform definition of bribery interception.The main characteristic of this act is that the trustee who transferred the bribe property will retain it in whole or in part after receiving the bribe property.The purpose of evaluating bribery is to ensure the fairness of the law.The improvement of the legal system and the progress of social order are mutually reinforcing.Bribery interception is increasing,and the evaluation criteria for bribery interception are still not determined,which will definitely affect the fairness of the law,and correct evaluation of bribery interception will help improve the legal theoretical system and adapt to the changing society..Therefore,bribery interception should be reasonably evaluated,and appropriate legal norms and legal interpretations should be used for evaluation,while maintaining the fairness and justice of the law,and achieving the goal of punishing crimes.It is believed that bribery interception should first accurately define bribery interception.The basic mode of this behavior is to accept the illegal transfer of the transferor and control the property used for bribery,and then take all or part of the property as its own.The identity is not explicitly required,and the elements of this behavior include the bribe payer,the property used to pay the bribe,and the transferee who accepted the illegal commission.Civil law does not distinguish between payment of wrongful causes and entrustment of wrongful causes.Criminal law with the fundamental purpose of protecting legal interests should distinguish between payment of wrongful causes and entrustment of wrongful causes within the scope of the Code of Conduct.Evaluating bribery interception within the scope of criminal law,on the premise of ensuring a uniform legal order,the rationality of the criminal law evaluation needs to be explained,the theoretical premise of judicial identification must be rationalized,and finally the bribery interception under different circumstances can be reasonably analyzed.,With the specific crimes as the standard,correctly evaluate bribery.Bribery interception in different situations should be identified separately.What needs to be clarified first is that the bribery interception evaluated here generally refers to the behavior of bribery withholding property that conforms to the appearanceof the bribery interception,and then conducts a specific evaluation of the bribery interception.For the bribery in the bribery crime,you should first determine whether the bribery constitutes an accomplice in the bribery and bribery crimes and introduce the crime of bribery.If the trustee has the status of a bribe,his bribery will cause him The actual amount of bribery has increased,and the bribes have played their role as bribery tools.Therefore,they should be considered as accomplices in bribery crimes,and bribery interception behaviors should not be evaluated separately.In the case of bribery,the transferor objectively intercepts the property of others,and the bribe provided by himself is greater than the amount of the property intercepted.At this time,it is equivalent to the exchange of property.Except for the irreplaceable situation of bribery,it should be considered an accomplice in the crime of bribery.In the case of introducing bribery,where the trustee's interception of property is the default remuneration of the client,it should be considered as the crime of introducing bribery,and the rest should be evaluated separately.Except for the above two cases,for other situations where bribery interception occurs,the crimes of embezzlement or fraud should be respectively determined according to the constituent elements of property crime that they meet.