Qualitative Research On Bribe Interception Behavior

The act of bribery interception specifically refers to the act of intercepting part or all of the bribes for the purpose of illegal possession against the will of the client in the bribery crime case.The characteristics of bribe interception behavior are relative independence and specificity of the subject.The interception of the bribe object;The secrecy of bribery interception.According to whether has the bribery crime responsibility class participation,sectional bribe behavior can be divided into an accomplice type cutting off with the accomplice type cut off,and cutting off the internal accomplice type,according to the offender service orientation is different in the bribery crime and accomplice type cut bribe behavior can be divided into bribery accomplice type cut bribes and bribery accomplice type cut off.Theoretically,there are theories of complicity in bribery,bribery,fraud and embezzlement in the qualitative behavior of bribery interception,but the above theories can not properly solve the qualitative problem of bribery interception.It must be made clear that the client’s preparatory act of offering bribes is the first act of the trustee’s act of withholding property,and the trustee’s act of withholding property is the continuation of the client’s preparatory act of offering bribes.Therefore,it is necessary to divide the complete bribery interception into the preparatory stage of the client’s bribery and the stage of the trustee’s interception of property,and then clarify the corresponding problems in the corresponding stage.The following issues need to be clarified under the preparation stage of the client’s bribery: First,what is the nature of the client’s transfer of property? Second,where is the time node when the property nature of the client changes? Third,what is the final attribution of the client after the change of property nature? The clarification of the above questions not only helps us to draw a clear boundary of the punishment of bribery,but also helps us to find the interpretation path of the qualitative behavior of bribery,and even helps us to determine the way to deal with the property of bribery.The following issues need to be clarified in the stage of the trustee’s interception of property: First,the different evaluation of the behavior of interception of property among the criminal people is due to the different understanding of the judgment standard of illegality.Then,whether the judgment standard of illegality should be unified in the whole legal field? In other words,in different areas of law,can the judgment criteria of illegality be understood separately? Second,is the bribe intercepted by the middleman protected by criminal law? Third,is it necessary to make a separate evaluation of the qualitative behavior of property interception? The answers to the above questions directly determine whether and how the criminal law should evaluate the bribery behavior.The qualitative analysis of bribery interception behavior should not be generalized,but should be based on typified analysis of typical cases to construct different models of bribery interception and give typified qualitative opinions.In detail,in the type of bribery,the type of bribery should be identified as the crime of bribery and embezzlement,and several crimes should be punished concurrently.The income from the bribery should be regarded as the "illegal income of criminals" and recovered.The bribe-taking accomplice shall be regarded as the bribe-taking accomplice,and the bribe-taking income shall be included in the amount of bribe-taking.The non-accomplice bribe interception can only be identified as ordinary crime of embezzlement,and the income from the bribe interception can be regarded as "illegal income of criminals" and recovered.