On Taking Advantage Of One's Office Of The Crime Of Graft

Taking advantage of one's office is one of the necessary constitutive conditions of the crime of graft. It's this characteristic that makes it substantially different from other average crimes against property. It's more important that the different comprehension of the so-called "taking advantage of one's office" affect the following findings, i.e. whether the suspect is guilt or not. If guilt, what kind of crime. But, how can we capture the true meaning of the so-called "taking advantage of one's office"? And, is "office" here simply limited to public service? As to the convenience just because of managing property in the course of production and service activity, is it fall in the category of "advantage of one's office"? Are they any differentials among the three concepts-office, public service & labor? If so, what are they? Up to now, to these questions, there are no definite & clear answers from our criminal legislature & administration of justice. My thesis will open a tentative discussion on the legal meaning of "taking advantage of one's office" and its practical functioning in finding of the crime of graft. My study is just for the purpose of promoting the development of theoretical & practical aspects of the graft of crimes.The essay consists of 3 parts. Part 1 briefly introduces the historical evolvement of the legislature for the advantage of one's office in the crime of graft. Part 2 is an emphatic explanation of the meaning of "taking advantage of one's office". Firstly it gives a deep analysis of the meaning and the nature of "office" in the phrase of "taking advantage of one's office" and makes a difference between the following three concepts-office , public service & labor. The "office" in the crime of graft means powers and duty pursuant to law or contract, i.e. powers to administer the social public affairs or to administer and operate the state's property. "Office" has the characteristics of validity, directness,powers and nonce. The differences between office and public service are as follows: 0 "Office" has a larger scope .The public service only means the state personnel's administration of social public affairs ,but "office" means the state personnel's administration of social public affairs and non-state personnel's administration and operation of the state property ,which shows "office" includes "public service". ㏕he subject of public service is limited to the state personnel, but that of "office" is not. The characteristic of administration is the difference between "office" and "labor". "Labor" is to perform the duty and not administrative activity. Secondly, it introduces the content of the advantage of office, which of the crime of graft includes direction, administration, handling and operation. Finally, attention shall be paid to several questions, for example: whether exceeding power is considered taking the advantage of office? whether taking advantage of work is taking the advantage of office? and so on when we catch on the taking advantage of office. Part 3 gives a comprehensive analysis of the function as to the advantage of one's office in finding the crime of graft, and emphatically discusses the functions concerning the advantage of one's office in the differentiation between the crime of graft and the crime of theft, and the crime of fraud, and the crime of conversion, and the crime of bribery.