A Study On The Judicial Nature Of "Bribery Interception"

In recent years,with the continuous development of China's market economy,the background of bribery crimes is more complex,"taking bribes" behavior with the emergence of the introduction of bribery,the introduction of bribery as an intermediary through the "interception of bribery" behavior to seek benefits,the behavior is often covert,which violates the national perception of the law,and also increased the difficulty of judicial departments,so it is necessary to use the law to regulate the act of interception of bribery.The different court's characterization of the case of interception of bribes has led to different judgments in the same case when the court deals with "taking bribery" cases.In this paper,the author will endeavor to study the judicial characterization of bribery interception,and discuss various crimes of bribery interception should be evaluated as various property crimes.In practice,there are many opinions about the characterization of the act of taking bribes.The analysis of this problem should start with the dispute over the illegal reasons under the problem of the crossed case of criminal law and civil law,and adhere to the position of the relativistic of illegality.According to the different ways of intercepting bribery,it can be summed up into four categories: "the usurpatory type" pre-interception of bribery,"fraud-type" pre-interception of bribery,"more-received and less-sent type" after-interception of bribery and "transfer of rejected type" after-interception of bribery,at the same time,four typical cases of interception of bribery to make a brief introduction.This paper combs through the seven theoretical points of view of the act of taking bribes,and after analyzing the pros and cons of each theory and analyzing them in depth,it shows that the author adheres to the position of the crime of fraud,the crime of embezzlement and non-punishablesubsequent behavior.The author insists on the crime of fraud,the crime of embezzlement and non-punishable subsequent behavior,on the basis of in-depth analysis of the four elements of the interception of bribes,the final conclusion is that: "the usurpatory type" pre-interception of bribery,"more-received and less-sent type" after-interception of bribery should be classified as the crime of embezzlement,"fraud-type" pre-interception of bribery should be classified as the crime of fraud,"transfer of rejected type" after-interception of bribery should be classified as a non-punishable subsequent act.