Study Of Some Problems About Corruption

Corruption which is a crime from of old. Thus, Legislations and studies about corruption are very adroit and aplenty. Meanwhile, there are a lot of arguments on corruption, not only in studying but in judicature. The author elaborated his standpoints about some basilic questions discussed by scholars or law-officers. Whether the peoples who working in the organs of Chinese Communist Party can be the principal parts of corruption, he considers that the party is a ruling party, its every policy is the fundament of every law in our country, and it has definitive effects on the affairs of state. The organs of the party are governing the others of the state. Despite it is not stipulated in law,it must be regarded as the administration of the country. The author demurs the viewpoint which some scholars and law-officers think if the government controls the stocks in a company largely, the company is to be nationalization. The author insists on determining the kinds of a company according to the Company Law. He deems 'undertaking public affair' should mean that someone deals with public affair according to law, whose qualification and working determined by law, whatever whose status is 'public' or 'private', and the target is national, collective or private. The author thinks if the results someone makes over power and authorities of office, whose action is corruption yet. He proceeds with expounding his point that 'undertaking public affair'means limits of one's functions and powers, and links to those. According to the criminal laws prescript about criminal method, the author discusses on 'undertaking public affair' farther. After analyzing different points on criminal modality, the author concluded that there is abortive modality in corruption according to the rationale of criminal jurisprudence. And he supports this standard which used to decide what is abortive, he believe that someone has possessed something or not, is the standard to demarcate between accomplished fact and abortive. If someone has possessed something, he must get the result he wanted. The author tell us how to calculate the amount of everyone in co-action. He points we must be on the basis of ultimatum about criminal responsibility. The author objects the practice which the illicit money used in business detracted from the sum. The illicit money used in business is after committing crime, so that, it can not be the ingredient of crime, the offender has finished his crime. On the end, the author has a discussion about some crime confused with corruption easily such as embezzlement, defalcation and admeasure national property without authorization. The author hopes that his ihesis is very helpful in practice.