| With the increase in the number of bribery crimes,the phenomenon of intermediaries withholding bribes has become more frequent.The term "intercepting bribes" is not a special legal term,and China’s criminal law and related judicial interpretations have not made clear provisions on it.This also caused great troubles for the judicial determination of bribery interception.Although in recent years,my country’s judicial and theoretical circles have gradually become more concerned about the interception of bribes by middlemen.However,for many years,the writings of Chinese criminal law scholars on this issue have always been limited to the introduction of Japanese judicial precedents and doctrines.They have not formed their own mature system.In judicial practice,the determination of crimes is different,and even the number of crimes is determined.Different treatments and different convictions in the same case often occur.Whether it is in the judicial or theoretical circles,there are big differences in the determination of the crime and the number of intermediary interception of bribes,whether it is a single conviction or a co-criminal in the crime of bribery To deal with it,whether to be absorbed by the accomplice or to be punished with the help of bribery is the problem that needs to be solved urgently.Therefore,this article intends to explore the causes of judicial disagreements from the perspective of practical analysis,taking the different judgments in judicial trials as a breakthrough,and combining the theoretical frontier problem in the study of benefits,and then the involvement of bribery interception The crime and the number of crimes are clearly defined.The full text is mainly divided into three parts: introduction,body and conclusion.The focus of the introduction part is to further highlight the urgency and necessity of accurately characterizing bribery interception by quoting the focus of controversy and preface issues concerning bribery interception in the current theoretical and practical circles.At the same time,it also gives a brief introduction to the research ideas of this article.The main problem to be solved in the main text part is the determination of the crime of interception of bribes and the treatment of the number of crimes,which will be discussed in sequence from four aspects.First,with regard to the question of whether the interception of bribes by the intermediary constitutes a crime,that is,whether the handling of illegal payments in civil law and criminal law must be strictly unified,and whether the illegal payment in the civil law prevents the crime in the criminal law.Second,the discussion on the specific crimes of interception of bribes by intermediaries focuses on distinguishing the difference between the crime of embezzlement and the crime of fraud in bribery interception,and introducing the difference between the constitutional elements of the crime of bribery and the accomplice of the crime of bribery.Thirdly,through the classification and interpretation of behavior patterns in different situations of bribery interception,and the independent distinction between various behaviors in bribery interception cases,the determination of the number of crimes when bribery interception is suspected of multiple crimes is further clarified.In the conclusion part,summarize the key contents discussed in the previous article,and also provide prospects for further in-depth research. |
