Modern Social Science Research

Regarding the judicial characterization of the act of intercepting bribes, there exists a dilemma in judicial practice as to whether it should be independently recognized as a property crime and, if so, which specific property crime it constitutes. Firstly, the stance of Chinas Constitution and judicial interpretations indicates that the determination of the legal interest protected by property crimes should adopt the economic legal property theory. This means that the bribe money entrusted by the briber should be considered as the legal interest protected by property crimes, and the act of intercepting bribes by intermediaries can be independently evaluated as a property crime. Secondly, the evaluation of intermediaries acts of intercepting bribes should be based on the nature of their conduct and the timing of the formation of their intent to unlawfully possess, thereby classifying it as either the crime of fraud or the crime of embezzlement. Guiding judicial practice in this manner is conducive to better implementing the principles of proportionality between crime, responsibility, and punishment, as well as the principle of equality.

Intercepting bribes; Crime of fraud; Crime of embezzlement