The Study On The Crime Of Malversation

At present, our country has been involved broadly by bribery, which has been replied by people widely, and impacted the moral rule violently, deconstructed so many Party and government officials, triggered social contradiction deeply, and it is a rare phenomenon since the founding of the nation. The bribe crime has encroached upon country staff behavior honest seriously, then influenced the present politics,economy and each construction's normal operation of our country seriously, harassed the normal social order. Obviously, bribe crime as the most common shape of corruption, it endangers the Party's sophistication and the Country's life and death. Because our criminal law has not elaborated bribery comprehensively, it has caused many disputes in theory, which also results in the judicial application of the standards not to be unified. This article makes a quite comprehensive research on these disputes and the judicial practice's difficulty, and compared it with other approximate crime's legislation, then pointed out the deficiency in our legislation of bribery crime and gives out some revision proposal.The article is altogether divided into seven parts.The first part introduced the bribery crime legislative survey. Through many kinds of viewpoints from scholars and judicature practice, we define the concept about bribery crime . The author thought that the bribery crime refers to the behavior that the country staff uses the convenience of the position to demand other people's belongings, or receives other people's belongings to seek the benefit for them illegally.The second part has conducted the research on the bribery crime subject. First we elaborated the evolutionary process of "the country staff" as a subject of crime by taking advantage of position., then introduced thoroughly ahout that the country staff were the subject of bribery crime. And further we talked about " engaged in official business" to make the deep level to elaboration, and about that penetrated the country staff's factor as the subject of bribery crime .In the article the author has also carried on the limits and the consummation to bribery crime subject scope's several questions.The third part is a research on bribery crime objective elements. The elements about bribery crime position refers to "use the convenience of position" which comes out as the starting point and the foothold. This article analyze the position elements in the criminal law theory simply, and made the limits for the bribery crime position elements; demonstrated the position elements of indirect bribery, simultaneously carried on the elaboration to the bribery crime constitution's benefit elements, deepened the position elements research area of bribery crime.The fourth part has made the research analysis on the bribery crime target. The so-called bribery crime's crime target is "the things bribed" we, in the article, expounded in detail about the bribe scope's limits, and took the ten kinds of new bribery crime in 2007 for example to analyze and reaserch, wished which to be used appropriately in the practice.The fifth part is about the bribery crime object research. Through the analysis of overseas related theory and the demonstrate of each viewpoint's in our country, the author thought it scientific to take the country staffs cannot be bribed as the direct object, this will be more concrete, directly and clearly reflect the essence of bribery crime to get profit by the power.The sixth part is the bribery crime joint offense research. Which explained the country staffs intention to commit together is the precondition of common bribed; and the author analyzed that the height of country staffs position (rank) should not be the basis to distinguish the perpetrator from principal, accessory and coerce accessory ; I also studied if this situation could be joint bribe that one did not have the country staff status related to be bribed together.The seventh part is the research about legal responsibility of bribery crime. Through the research on United Nation Convention on Corruption, I proved the consistency of leading Presumption and Burden of proof into our bribery crime legal, advocated that Integrated criminal penalties of the bribery crime should be clearly detailed and made some recommendations...