On Crime Of Corruption

Corruption offence occupy important status in the specific provisions of criminal law in our country, bribery, dereliction of duty, post occupy crime all involve the study on relevant theories of corrupt offence. With the deepening and establishment and development of market economy of reform and opening-up, the corruption offence of the traditional meaning faces the enormous challenge, can't meet the needs of development of the new situation more and more, so, another analysis to the corruption offence, sum up in order to enable it development in times grow with each passing hour, seem very much important and in time. This text review our country about corruption offence historical development and abroad about this kind of crime at the foundation, solve the definition of constructing corruption offence again. As for such knotty problem as the question existing and crime shape question, etc. carry on the comparatively detailed explanation. Among them, it is this joint crimes that probes into especially, including immature shape and quantity of crimes. Finally, the legislative state of corruption offence of our country at present, put forward the corresponding measure with perfect legislation. The full text divides six following parts altogether: First part, Legislative overview of the corruption offence. About the legislative tradition with long corruption offence in view of our country, this chapter is just after the foundation of new China alone, of our country relevant a series of corruption offence to discuss. Meanwhile, involving Hong Kong, Macao and Taiwan and foreign legislative overview too, it summarize some common points of relevant corruption offence in domestic and international criminal legislation. Second part, Concept, essence of the corruption offence. This part defines the unique corruption offence category on the basis of a great deal of concepts of comparative analysis, thus offer the theoretical foundation for promotion of the proposition. The third part, The constitution of corruption offence. Part this expound the fact from object, objective respect, subject, subjective respect about corruption offence existing a great deal of numerous and disorderly at present in detail, and define and distinguish rationally, there is certain theory directive significance to some fuzzy , and confused understanding existing in present judicial practice. The fourth part, Crime shape of the corruption offence. About its shape question, this part is explained from three respects especially emphatically, namely joint crimes , immature shape issue and question of asserting quantity of crimes. The research of these problems involves some focal points and knotty problem discussions in general provisions of criminal law too, it is that one kind of the theoretical research form is used concretly with specific provisions combining together to general provisions too. The fifth part, The penalty question of the corruption offence, compared with the situation that the penalty of other charges is set up , the penalty of the corruption offence is set up especially needs probing into further. Part this from range that penalty set up, establishment and quantity standard on punishment carry on the theory discussion, propose one's own relevant suggestions. The sixth part, Improving the legislation of the corruption offence . On the basis of the above five parts of research, and all sorts of questions existing about corruption offence of our country, and draw lessons from world other country about legislative overview, propose four concrete suggestions at the same time to perfect our country legislation.