On Several Issues Of Crime Of Corruption

With the development of Chinese socialist market economy, crime of corruption seriously violate the ownership of public property and the integrity of public officials, also it seriously damage the position of state personnel in the eyes of the people, the prestige of the party and the government, the stability of society and polity. China's anti-corruption fight has made great achievements. The spread of corruption in the Party and government organs and cadres is gradually curbed. Crimes of corruption induced by the deep-rooted problems are being solved. However, we should see with the development of social economy and improvement of the political system, crime of corruption in China has begun to show corresponding new features and changes. Complex and diverse criminal means, increasingly invisibility, diversified subject of crime have brought some difficulties to identify and punish the crime of offence. Therefore, the correct understanding of corruption is a prerequisite for effective prevention and punishment. This article aims to discuss the crime of corruption-related issues from the following five parts.The first part discusses the subject of crime of corruption. First I discuss the essential characteristics of engaged in public service in Criminal Law according to the legislative history of the subject of crime of corruption, and my understanding of the meaning of public service and engaged in public service. Secondly I discuss the scope and identification of state personnel and quasi-state personnel as well as the identification of special subject of crime of corruption namely the personnel entrusted with the operation and management of state assets.The second part discusses the forms and criminal acts of crime of corruption. The main content includes understanding of the criminal purpose of subjective intention and illegal possession as well as the characteristics and contents of position advantages.The third part discusses the object of crime of corruption, including criminal object in Criminal Law and special criminal object. The first is the scope of public property and definition of property of work units, insurance and gifts. I believe the object of crime of corruption is not only public property but also non-state-owned property. Secondly I believe that real estate, debt, intangible assets can be three special objects of crime of corruption. The crime of embezzling contraband goods should be identified by the nature of the contraband goods, for it may constitute other crimes related to contraband goods.The fourth part discusses the suspended patterns of crime. On one side, there exists the discontinued formation of the crime of corruption. On the other side, the identification of accomplished and unaccomplished crime of corruption should take the theory of out-of-control as criterion. Besides, the identification of accomplished and unaccomplished embezzlement of real estate and debt is also discussed.In the fifth part I propose the legislative suggestion to change the definition of the subject of crime of corruption from state personnel into public officials according to the United Nations Convention against Corruption. Speaking of the suspended patterns of crime, I point out that legislation should make sure the existence of discontinued formation of crime of corruption so as to achieve the goal of legislation to protect the integrity of public officials and the ownership of public property.