Make Use Of The Duty Convenience In Criminal Law

There are more than a dozen charges of our country Criminal Law affirming "make use of the duty convenience" as the objective element of crime.This text is based on the relevant theories of"make use of the duty eonvenience",focusing on specificly analysising the objective elements of the important offenses.By comparison,to clarify their similarities and differences in order to provide some theoretical guidance to the criminal justice.There are about three million words in this paper,with the exception of the introduction and conclusion,the paper includes five parts:Firstly,the basic theory of "make use of the duty convenience".This section firstly defines the concept of the "duty".The duty is the responsibility that have the right to management,it is also the job and status take the role on other's interests.Next,it contains administrative duty and other duties of social organizations,and includes three charaeteristies of time space of the particular,job of the legitimacy,eontents.Secondly,In order to clarify the similarities and differences between the closed concepts,this section makes "the duty " compared with the closing concepts,includes the"duty" and the "authority ",the "duty"and the " job",the"duty"and the " labor".Thirdly,the author compares"the duty convenience"with some similar concepts.Finally,I set out my opinion about "make use of the duty convenience"that it means people use the convenient conditions that it is the power and status of competent authority,management,handling,operation about some certain properties.Secondly,the understanding of "make use of the duty convenience"in the crime of corruption.This section firstly defines the scope of" the duty" in the crime of corruption. Considering" the duty" in the crime of corruption includes not only the public affairs that the state personnel engaged in,but also by non-state personnel of state organs,state-owned companies,enterprises,institutions,mass organizations,management,operation of state-owned property.In the crime of corruption,"make use of the duty convenience'must include the convenience of competent authority,management,handling,operation about some certain properties.Thirdly,the understanding of "make use of the duty convenience"in the crime of duty encroachment.Due to the crime of duty encroachment divide out from the crime of corruption,in some extent,the crime of duty encroachment can be saw as a crime of corruption of the employment staff of companies,enterprises or other units for their company's public confidence.In this part the author considers the "Duty" of crime of duty encroachment refers to the management job but not the labor and the public duty,and that it has the feature of stability.Make use of the duty convenience of Crime of duty encroachment just refers to make use of the management job convenience but not including make use of the labor convenience.Forthly,the understanding of"make use of the duty convenience" in the crime of bribery. In this part,the author defined the "duty" in the crime of bribery.It including two conditions: one condition is state personnel's duty which can be directly used.The other condition is authority which is not directly used but through other state personnel's duty.Next,the definition of "make use of the duty convenience" in the crime of bribery must be generally understood,it includes the duty convenience of state personnel and the duty convenience of the other state personnel constraint by them,but not including "make use of the job convenience".In the end,"make use of the duty convenience" in the crime of bribery have four forms,it including the state personnel use the duty convenience of their direct owned,the state personnel use the duty convenience of resultant force by other authority,the duty convenience of longitudinal restrictive relation,make use of the duty convenience by omission way.Finaly,the comparison of Crime of corruption,Crime of bribery and Crime of duty encroachment about "make use of the duty convenience".Firstly,the difference of"make use of the duty convenience" of Crime of duty encroachment and Crime of corruption is mainly manifested in the different of properties:the "duty" of crime of corruption is refers to "public duty",but the "duty" of crime of duty encroachment is refers to "non public duty".Secondly, the difference of "make use of the duty convenience" of Crime of corruption and Crime of bribery is mainly manifested in the different of the range of"duty".In the Crime of bribery all of the duty which can be used to take other's property could be used,but in the Crime of corruption only the currently duty of charging,managing,handling,keeping the public property could be used.