Study On The Judicial Determination Of "Bribery Interception"

In recent years,because of the diversification of market operation model,the means of bribery have become more complicated than before.Some predicaments appeared in judicial practices are about how to define the related behaviors(such as "Bribery interception")derived from bribery crime.The definition of "Bribery interception" behaviors as follows: based on the requests of taking the bribe money and goods to the recipient or seeking for recipient from briber,the doer intercepts the bribe money and goods.In the criminal law of our country,as for the middleman’s interception,there is no related provisions,which results in different judgments in law application.In views of that,the author makes a in-depth analysis about the middleman’s interception by sorting the present situation of judicial cognizance of practices and different academic opinions on the "Bribery interception" behaviors,together will provide a more reasonable evaluation about the middleman’s interception and a more clearly identified path.The first part of this paper is to do a generalization about the background and significance of topic selection,then to sort relevant literature about "Bribery interception" behaviors and to accurately grasp scholars research trends on it.Lastly,it is found that there is still a lack of targeted research on "Bribery interception" behaviors.This paper will adopt different research methods,such as investigation documents method,case analysis method,comparative research method,theory and practice combined research method.Compare to the former research paper,this paper uses an analysis of categorization to define "Bribery interception" behaviors,and solves the judicial practices on "Bribery interception" behaviors’ difficult points.The second part of this paper tries to do a conclusion about judicial documents on "Bribery interception" behaviors in the past eight years and clarify the judicial cognizance and trend of "Bribery interception" in practice.It could explore and analyze the attitude of different courts towards "Bribery interception" behaviors through doing a brief summary of the relevant cases with it.There exist disputes about the nature of the bribe and the crime of "Bribery interception" when the court make judgments.Some of courts will judge the middleman who commit "Bribery interception" as the accomplice of introducing bribery and offering bribery.And of course there are some cases in which "Bribery interception" behaviors are criminalized separately.However,because great differences between constituent elements and sentencing of different charges,the form of "Bribery interception" should be clarified,so we could do a more accurate judgment about "Bribery interception" behaviors in judicial practice.The third part of this paper mainly analyses and judges the academic opinions on the middleman’s interception.There are several views,such as fraud views,embezzlement views,innocence views,accomplice views and introduction of bribery views.The one of the main reasons why there are different definitions of "Bribery interception" behaviors in practice is that,there is no consensus or mainstream view in the theoretical circle.The author assumes that the theories of fraud,embezzlement and innocence could give correct evaluations on some "Bribery interception" behaviors and are worth affirming by analyzing various of theories.As for the views of accomplice,non-separate evaluation and unjust enrichment,the authors thinks that all of them are not giving a more reasonable explanation and comprehensive consideration about "Bribery interception" behaviors.In the forth part of this paper,based on the separate evaluation of "Bribery interception" behaviors in the criminal law,the author analyses the nature of the bride and thinks that is criminal.Then,the author uses the analysis of categorization about "Bribery interception" behaviors and insists on that there is no tolerant evaluation for an accomplice of introducing bribery and committing bribery.In the end,on the premise of insisting on fraud views,embezzlement views and the views of not be punished after events,the middleman who does the interception of bribe money and good is defined as a specific charge.