Research On Determining The Nature Of "Bribery Interception" Behavior

In recent years,the bribery cases investigated and dealt with in our country have been involved with "interests contention" behavior of relevant intermediaries from time to time,that is,the so-called "bribery interception" behavior in practice.In judicial practice,there are different ways to deal with such behavior,including making "bribery interception" behavior innocent or not convicted separately,or evaluating it as the crime of fraud or embezzlement.Up to now,there exists a great controversy on the nature of "bribery interception" in both the practical and theoretical circles,which fails to form a unified evaluation standard.In addition to the lack of corresponding legal provisions in our criminal law to regulate bribery on the level of legal norms,the reason also consists in the various forms of "bribery interception" behavior,namely,different forms of "bribery interception" have different legal natures.Consequently,this paper analyzes the legal nature and reasons of "bribery interception" from the practice of Japan,Germany and Taiwan area of China,and finds out the root of the dispute of "bribery interception" based on the practice in mainland China,that is,the differences in understanding of criminal and civil relations.On the premise of the unification of law order,it is required to recognize the independence of criminal law in the legal system.Specifically speaking,it is not recommended to emphasize too much the dependence or even submission of criminal judgment on civil law judgment in the handling of "bribery interception" cases.Instead,we shall insist on the particularity of the protection of legal interests of criminal law,the relative independence of illegal judgment and the necessity of special regulation,and further insist on independently classifying and evaluating whether the type of "bribery interception" behavior constitutes property crime from the perspective of criminal law on conditions of clear "bribery interception" behavior and nature of "bribery interception" object.Among them,the premeditated "briberyinterception" constitutes the crime of fraud,the temporary "bribery interception" constitutes the crime of embezzlement,and the special types of "bribery interception" such as "transfer refused" and "bribery demand" are not evaluated separately.In general,this paper is divided into five parts: the first part mainly expounds the background,significance and the current situation of research on determining the nature of "bribery interception" behavior,and puts forward research methods;the second part is an overview of "bribery interception" behavior,which analyzes the characteristics of "bribery interception" behavior and classifies the common "bribery interception" behavior in the legal practice;the third part mainly discusses the dispute on the nature of "bribery interception" combined with the cases in domestic judicial practice,and comments on the different ways of dealing with it in practice;the fourth part mainly elaborates the extraterritorial position of the nature of "bribery interception",mainly including Japan,Germany and Taiwan area of China,and makes comments,comparisons and summaries on the ways of treatment in different countries;the fifth part is the criminal law judgment of "bribery interception".Stemming from the particularity of legal interest protection,the relative independence of illegal judgment and the necessity of special regulation in criminal law,this part insists on classifying and evaluating whether different types of "bribery interception" constitute property crime from the perspective of criminal law.