Judicial Determination Of Briber

Although China continues to crack down on bribery crimes and punish corruption,bribery and bribery still exist.In order to evade legal prosecution,the perpetrators have carried out bribery in more diverse and covert ways,such as using intermediaries to transfer funds.The interception of bribes by intermediaries derived from this has become a difficult problem in judicial practice.When an intermediary helps the bribe payee introduce bribes,pass on information,or transfer bribe money,he or she uses the convenience to keep the bribe money for his or her own use.At present,there is no legal provision on "bribe interception" in China,which has led to frequent occurrence of different judgments in the same case.Regarding the act of intercepting bribes,the biggest controversy in theoretical and practical circles is whether the act of intercepting bribes constitutes a crime and whether it should be evaluated separately.Among them,the key point that makes it difficult to evaluate the act of intercepting bribes is that the bribery intercepted by the intermediary is the payment made by the briber in order to commit the crime of bribery,which is called payment for illegal reasons.Although under civil law those who pay for unlawful reasons do not have the right to claim restitution,the criminal law should also maintain its independence and judge independently of the act of withholding the payment for unlawful reasons.Based on this,bribery interception is a kind of payment for unlawful reasons,and the criminal law should also define bribery interception as a crime.At the same time,in order not to omit the evaluation of legal benefits,the act of intercepting bribes should also be separately evaluated as property crimes,such as fraud and embezzlement.If the intermediary,while intercepting the bribe,also commits the act of introducing the bribe or helping to offer and accept the bribe,he or she should be punished together with the property crime in several ways.Only in this way can we fully evaluate the act of intercepting bribery and effectively crack down on the crime of bribery.