The Argumentation About The Object Of Crime Of Embezzlement

As a typical post economic crime, corruption offence has serious social harmfulness. Not only does it make a loss on public property, but also disrupts the honesty of post activities. So in China, it's always the hit emphasis in the fight against corruption. On the basis of summing up successful experiences and historical lesson of every legislation, the new Criminal Law of the People's Republic of China stipulates the constituent traits of corruption trim provision by provision. Although academic circles have probed much into the corruption offence, there are still some controversies over the objective requisites to constitute this crime, which directly affects the unity of law enforcement and the authority of law. In order to reach the aim of strict and united law enforcement, this article, which is divided into four parts, expounds the objective requisites of the corruption crime relatively wide and deep from the angle of explanatory methodology. This article adheres to the principles of integration of theory with practice, takes our recent legislation of corruption as basis point, uses the methods of comparison, analysis and synthesis and follows the main clue take advantage of one's position and power-illegally possess -public property-quite big amount. On the basis of probing into the legislative history of corruption and drawing achievements from others, the author researches into the meaning of "post", the specific property of "convenience" and the relations between the convenience of port, convenience of services and convenience of other persons post; expounds the meaning and characteristics of illegal possession, conceptions of embezzle,steal, defraud and other methods, and differences between the conceptions above, and the relations between the objects of embezzling, stealing, defrauding and actors position; inquires unto-the definition of the object of corruption, types of public property and the distinguishing of the quality of blended property; discusses that quite big amount is one of the objective requisites to constitute the corruption crime and that quite big amount is not confined to the actual illegal owning amount and how to add up the corruption amount, and that expenditure for official business should not offset corruption amount, and so on.