Study On Some Problems Of Crimes Of Corruption

Crimes of corruption, a frequently occurred crime which seriously infringes the rights of public properties and damages the honesties of state personnel, has always been the emphasis of Chinese legal sanction. Some progresses have been made in theoretical researches of the crime of corruption, but there still exists divergences of views on some problems, such as the identification of the subject, the comprehension of "taking use of one's post", and the distinguish of the extent of public properties, etc. Base on this situation, this thesis tries to discuss the problems above in details.Besides stipulating basic clauses for crimes of corruption in article 382 and article 383, Chinese criminal law also stipulated several special clauses for crimes which should be convicted of crimes of corruption in article 394, article 183, section 2 and article 271, section 2. People who "entrusted by state-owed companies, enterprises, institutions or groups to manage or operate state-owned property" is the supplementary subject of crimes of corruption. They don't have the status of state personnel, and also differs from people who designated by state organs, state-owned companies or enterprises to perform official duties in non-state-owned companies, enterprises, institutions or groups. In common sense, the object of crimes of corruption is "limited to public property", but after studies, we think it should conclude "public or private property". Eight clauses in Chinese criminal law stipulated that "taking use of one's post" is the essentialfact to convict people of crimes of corruption. But the coverage and meanings of "taking use of one's post" in different legal contexts are not the same. For example, the understanding of "taking use of one's post" differs greatly in crimes of corruption and crimes of embezzlement.