Zhang And Other Four Case Studies Of Corruption

Although the crime of corruption and fraud are two different kinds of crime, but the two have similarities, such as being in illegal possession for the purpose and objective aspects of the method used to defraud, criminal object has a public property, and thus are in thejudicial practice of the Department are also confusing.This is a general crime of embezzlement and fraud.Case studied in this paper is a rather exceptional, complex cases, the village party branch, villagers committees and other grass-roots organizations in assisting local governments in performing other administrative work, is the "other persons engaged in official business in accordance with law," thereby "to national staff on the "or" commissioned by the State authorities to manage, operate state-owned property of persons "; is" used his position to "or" making use of it"; a national staff member used his position to cheat the state of corruption in the implementation of propertycrime, or making use of national staff will be obtaining the implementation of state-owned property fraud, in the judiciary, the accused and counsel have had serious differences between the. The judiciary, the accused and counsel from their own perspective and point of view on the case.The judiciary that should constitute the crime of corruption, Procuratorate found to constitute the 382nd Criminal Law Article, three of the embezzlement, the accused and counsel does not constitute a crime of corruption, some identified, some found to constitute fraud.382nd Criminal Court of First Instance found to constitute the second section, three of the corruption, after the first trial, a defendant appealed to the court of second instance, the second instance court upheld the first instance verdict.By author villagers committees and other grass-roots organizations of the main status of the study, the village party branch members of the main status of the study, by state organs, state-owned companies, enterprises, institutions, people's organizations under management, operations officer of the state-owned property,the use of his position to facilitate the use of his position to facilitate and work to facilitate the distinction between the use of the study, from the criminal law theory and the law both make the problem will progressively improve.And clearly identified in the other accused Zhang corruption case, the village party branch, villagers committees and other grass-roots organizations in assisting local governments in performing other administrative work, should be recognized as "other persons engaged in official business in accordance with law," thereby "to national staff on the "; this case, Zhang, Lee used by investigators to assist provinces and have part of the property to confirm the right of his position, although not directly in charge of its management, handling the terms of reference of state-owned property, but it is because ofthe exercise of administrative functions and powers Zhang, Lee with only the state-owned compensation money had been defrauded smoothly.Zhang, Lee's behavior infringes on the state behavior of the staff positions the integrity and ownership of state-owned property, thus this case more properly characterized as corruption, rather than classified as fraud.Then they pointed out that the national staff used his position to cheat the state-owned property crime and corruption in the implementation of national staff to make use of the state-owned property will be implemented by obtaining the key difference between fraud are:the main body of national staff in cases determined by whether the use of theof his position and against the different objects.Finally, the author and from the case to facilitate the identification of the advantage of his position led to the current judicial interpretation of the evaluation findings, from the village party branch, villagers committees and other grass-roots organizations leads to the NPC Standing Committee on the Penal Code Article 93, paragraph 2, of legislative interpretationevaluation of the conclusions of the village party branch, villagers committees and other grassroots organizations as a new phenomenon - village official position of university students thinking.