Qualitative Research Of Bribery Interception Behavior

Interception of bribery is common in the crime of bribery.It refers to the fact that the perpetrator is aware that the property delivered by another person is used for bribery,but he still promises or carries out the act of transferring property,retaining part or all of the property with the purpose of illegal possession.Mainly,It can be classified into two categories:“Breaking promise completely”,and “Breaking promise incompletely”,specifically,including incapacity but falsely claiming to have the ability to carry out commitments,accepting bribes and failing to perform;Failed to fulfill a promise after receiving property;secretly intercepted part of the property;withheld some of it without giving it but falsely claimed to have sent it;receiving more bribe money by telling a lie.So far,there is no agreement on the nature of interception of bribery.To analyze this problem,we should start with the necessity and rationality of the regulation of criminal law.First of all,from the point of view of harmfulness and social effect,the criminal law has the necessity to regulate the act.Secondly,the criminal law regulates the behavior in accordance with the principle of relative judgment by law,and the illegality judgment of the criminal law is relative and not completely consistent with the scope of protection of the civil law.Therefore,illegal payment can not be the reason why the criminal law refuses to protect the intercepted property.Finally,the criminal law has the corresponding crime can directly regulate the bribery behavior.For example,embezzlement,fraud,etc.As to what the specific crime is,However,onthe basis of the principle of legality of crime and punishment,it is necessary to distinguish the different subjects and the ways of interception of bribery,and analyze the individual crimes.Although the forms of bribery interception behaviors are varied,the criminal law evaluation is still regular,which can form a unified path of criminal law evaluation.First of all,it should follow the basic principles of criminal law evaluation,taking the principle of legality as the premise,and taking the principle of suiting punishment to crime and the principle of prohibition repeatable evaluation as the necessary restrictions.Secondly,it should distinguish the object of different acts infringes,finding the category crime from the crime object,defining the boundary between the property crime and the bribery crime.Finally,it should determine the criteria for distinguish those similar crimes,especially the special performance of embezzlement and fraud in bribery interception,and "occupying" or "deceiving" are two different means of intercepting property,which is the key to distinguish between the two.According to the basic path of the criminal law to evaluate interception of bribery,with introducer as the template,the author analyzes the different ways of behavior one by one,and combined with the influence of different subjects on its qualitative,we can draw the following conclusion: first,the staff of the unit shall,by taking advantage of the convenience of their posts and withholding bribes sent or received by the unit,be identified as the crime of encroachment or corruption according to the different identity of the subjects.Second,The perpetrator is incapable but falsely claims to have the ability to fulfill the promise of transfer is established as a crime of fraud;Third,it is necessary to distinguish between the non-performance of the promise to the bribe and the promise of the bribe-giver in the bribery interception behavior,which is capable of not fulfilling the promise of transfer after receiving the property;Forth,when failed to fulfill a promise after receiving property,except for the use of influence bribe-takers to establish the crime of using influence to accept bribes,all constitute the crime of embezzlement;Fifth,secretly intercepted part of the property,and withheld some of it without giving it but falsely claimed to have sent it,they are the same qualitatively.What’s more,they are similar as that of receivingproperty and not fulfilling the promise of transfer.The former belongs to "receiving more but sending less",while the latter is "receiving all but sending no money",the difference lies in the amount of retaining;Sixth,receiving more bribe money by telling a lie,in addition to using the influence bribe to establish the use of influence bribe crime,all constitute the crime of fraud.