Qualitative Research Of Criminal Law On Bribe Interception

Under the situation of high-pressure anti-corruption,corruption andbribery crimes have gradually become the focus of judicial organs’ work.Therefore,the interception of bribes,one of the important forms of bribery crime,has attracted more and more attention.The interception of bribes means property Interception by an intermediary in a Bribery Crime.How to decide the nature of intercepting bribes is still a disputed question.In the judicial practice,there are many views that the interception of bribery is innocent,constitutes the crime of embezzlement,fraud,introducing bribe,bribery accomplice,drawing different kinds of conclusions in the qualitative analysis of intercepting bribery.Therefore,drawing a more clear and reasonable theoretical qualitative opinion on bribe interception to provide a reference for the judicial cognizance is the key issue of this paper.This paper which can be divided into four sections consists of introduction and three sections of text.Introduced by a typical case,the first section is to bring forth the problems over intercepting bribes in theory and judicial practice.The second section is the controversy over the theoretical research of bribery interception.This part mainly sorts out the disputes extended from the bribery interception,including the dispute over the payment of unlawful causes,the dispute between the monism and pluralism of unlawfulness judgment,and the dispute between the payment of unlawful causes and the commission of unlawful causes.These three issues are also the basic issues that trouble the criminal law qualitative analysis of the bribery interception.Making a good standpoint selection on these issues lay a good foundation for us to do the following qualitative analysis.The criminal law qualitative of intercepting bribes is discussed in the third section,which is unfolded from three aspects of the premise of criminal regulation on intercepting bribes,The relationship between combating bribery interception and prohibition repeated evaluation and the qualitative of intercepting bribes.To start with,this part analyzes and explains the necessity of regulating the interception of bribery through criminal law from the aspects of the crime ’ s social harmfulness and combating bribery to curb bribery crime,to safeguard judicial authority and to safeguard citizens ’ belief in law.The second part is a response to the proposition of some scholars that whether the separative evaluation of bribery interception violates the principle of prohibiting repeatable evaluation.At last comes the third part also the main body of the thesis.This part mainly analyzes and judges the specific types of bribery interception one by one,and gives the corresponding criminal qualitative analysis on intercepting bribes.Hoping to provide reference for the judicial authorities in dealing with this kind of problems.So as to improve the chaos in current judicial cognizance of interception bribery,and contribute to progress in the rule of law.