Font Size: a A A

Study On Object Of Corruption Crime

Posted on:2010-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2166360275960450Subject:Law
Abstract/Summary:PDF Full Text Request
Crime of corruption of public officials is referring to the use of the hands of public power for personal acts of corruption for personal gain. Corruption crimes of corruption are the most extreme manifestations, their country of a political, economic and social fabric of the harm is self-evident. With the acceleration of the process of economic globalization, corruption shows more and more organized crime, transnational trends. The traditional sense in our country is also facing corruption of enormous challenges, not adapt to the new situation more and more development needs. However, violations of criminal acts to reveal the social relations, it can only be the object of the crime "may feel side" - the object of crime based on the object of crime can be demonstrated by the perceived characteristics of scientific analysis, we probably right to note the nature of the object of the crime. Therefore, a correct understanding of the object of criminal corruption charges related to how to correctly identify the nature of corruption, at the same time is undoubtedly right that the acts of corruption constitute one of the prerequisites. Therefore, the crime of crimes of corruption study is particularly important.Looking back at the original meaning of the corruption of our traditional criminal object of the new Penal Code the crime of corruption and crime were the target of a relatively careful, and the object of corruption crime and criminal justice legislation that made a practice of sound.The full text is divided into four parts, about 26,000 words.The first part of the crime of crimes of corruption outlined in the object. First of all, from the basic concepts of object-crime approach, clearly a crime and crime target object, the object of crime and acts of the relationship between objects. I believe that the target of crime and crime is the situation between the object and the nature of the relationship between the two things are the same two aspects can not be separated, with the object belong to the elements constitute a crime. Secondly, the study pointed out that China's traditional view of criminal law and the provisions of existing laws on corruption charges in the inadequacies of the object, and to redefine the meaning of it. The author believes that the corruption is defined as the object of crime "by the terms of the disposal of the national staff of public and private property" is more appropriate. Accordingly, the crime of corruption should be the object of the crime are the main country office staff integrity, public and private property ownership is only one of its object.The second part of the crime of crimes of corruption and consider the scope of the object. Introduce the world of criminal law on corruption as well as the object of our criminal law provisions regarding the crime of corruption of the criminal provisions of the historical development of the object, but also more at home and abroad to set norms of the Criminal Code on corruption charges compare the object crime. Which can be found on China's criminal law provisions on corruption charges has been targeted towards the accurate and scientific direction, and gradually into line with the international community, conforms to the trend of the times, but mainly limited to "public property" within the scope of, of "private property" requirement is also not perfect. I believe that the "property" should be understood in a broad sense to do, not only of tangible objects, intangible objects are property, legal structures, prohibited goods are property, for economic and various other benefits should also be regarded as a property is not limited to the absolute right of property can include a variety of rights and interests of criminal corruption object included in the same thing applies to a variety of property.Third part of our country in the existing provisions of the Penal Code the crime of corruption in the administration of justice that the object crime. This section is from the existing provisions of the specific provisions of the Criminal Code, the combination of theoretical viewpoints and the existing authority of laws and regulations, not only a detailed demonstration of how to practice in the administration of justice that the public property, the unit of property and insurance present the four objects on corruption charges, also analyzed the specific acts of corruption and dividing the state-owned property and privately owned assets confiscated property acts, acts of acceptance of gifts and bribery, embezzlement, insurance fraud and insurance acts of the difference between. Among them, the author believes that theoretical circles for the "unit of property" of the public or private property of the controversy is unnecessary to enter the country of its terms of reference of staff is enough to become the object of criminal corruption.The fourth part of the existing criminal law in our country corruption legislation targeted at improving the crime. This section provides several special whether criminal offenses are crimes of corruption carried out on the object. First of all, should be the intellectual corruption of the crime, because intelligence does not happen tangible results of control and loss, is also invisible, and can be copied, but these are just differences in patterns exist, the property is still property of its nature; followed by, prohibited goods should not be used as the object of criminal corruption. Sentencing convicted on corruption charges because the general standard is the value of the target amount of crime, contraband and illegal occupation of serious social harm prohibited goods is difficult to measure their own value; Finally, property interests (including benefits such as property rights and claims) only property is in a form of virtualization, with the general on the economic value of property in the same nature, should be the object of criminal corruption. On this basis, I put forward the target criminal corruption to improve the proposed legislation with a view to benefit the administration of justice in practice.
Keywords/Search Tags:the crime of corruption, crime target, public property, intellectual property, contraband, property interests
PDF Full Text Request
Related items