On Crime Patterns Of Corruption

At present, China anti-corruption situation is still more severe,Corruption and crime has a very serious social harm, And implemented by the national staff duty crime, to a large extent tarnished the national integrity of the duties of staff, damage the party and the government's credibility in the eyes of the people. And how to correctly understand the crime of corruption is an effective crime prevention and punishment of corruption, the premise, but If you want to correctly understand the crime of corruption the most important condition is that should constitute criminal acts of corruption to have a clear understanding of elements and the master. China's criminal law scholars agree that criminal acts essentially an objective manifestation of patterns of crime, so in order to facilitate a clear understanding of the nature of corruption and crime and corruption and crime conviction and sentencing of the right to make, on the issue of corruption and patterns of crime is particularly necessary. Tracing the history of this paper and summarized to compare the empirical analysis of patterns of criminal corruption, and the above method of the view that corruption in China's current Criminal Code does not provide for circumstances in the crime attempted, with no clear judicial interpretation to add that making In judicial practice, during the course of the existence of corruption, attempted form of crime, and its recognized forms of treatment standards and attempted difficult to grasp, but also makes the judicial practice appears difficult to effectively curb corruption; Moreover, China's Criminal Law raises a number of other legal practice. Through this study, this paper attempts to draw the existence of corruption crime patterns; in the determination of Corruption Crimes standards with both attempted to get out of control that should be more reasonable; do not have the status of the main qualifications can not only constitute a pure committing a crime, but also with Qualification status of persons with common practice together constitute the offense; on a subject qualification status and the status of those eligible do not have a common implementation of the main criminal acts of corruption cases, when identified, should be adopted as committed to that as the basis and use that as the job conclusions of the principle of complementarity; should be made after the loss of control that identified corruption as a criminal attempt to shape both the statutory standards, and should increase our present criminal law among the general principles on common issues such as crime and identity requirements.Besides the introduction and conclusion, and it includes the following five components:First of all:an overview. The main part of the crime of corruption and its legislative history and the concept of Elements is briefly discussed.Second:corruption, crime, complete and incomplete forms. Focused on larger controversy for attempted corruption crime patterns in the problem were also discussed.The third:Corruption Crime common types of crime. The first part of the common crimes on the general theory is discussed, for the crime of corruption issues of common crime patterns lay a theoretical foundation; followed by corruption in the common criminal acts in the capacity of people who have specific qualifications were common in corruption case brief description; again in the common corruption of the crime does not have the specific qualifications of their status can be pure Offense's problems are discussed; finally go into the crime of corruption in the common identity of persons with special qualifications and eligibility status to non-specific corruption and who shared a common identity of different characterization of the problem of corruption.The fourth:the number of corruption and crime, crime patterns. In the basis of crimes of corruption committed competing legislation, Implicated, continuous guilty and a brief analysis of transformed crime, corruption and crime but also on the number of crimes carried out a certain type of discourse.The fifth:the existing criminal law provisions of the Corruption Crime Defects and perfect form. Talking about these shortcomings for the corresponding proposed the perfect proposal.