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Corruption Crimes Of The Study

Posted on:2005-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:G Q NanFull Text:PDF
GTID:2206360125457827Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of corruption means that the functionaries or the persons, are entrusted by the government, the company belooying to the state, enterprise or the civic organizations to run the nationalized property, with annexiny, stealing, cheating or soog others violating law ways, occupy the public property, The crime of corruption is a major type of cnme of the functionaries. Seeiry from the mind, it is based on the criminals' abnormal mentality. Struggling with the crime of corruption need do two things. The first is to punish the criminals severely. The other is to develop the eanomy, Promote the wording conditions and the Living conditions of the functionaries, and strengthen their vocatonal morality. Baced on the penal code, the criminals of the cuime of corruption are special ones, including the functionarise and some other special ones. Vsing the corwinience of Job means the person uses the conditions connecting with the job. The common cuime of corruption means two or more persons take the corruption together. Accomplice includes the same principal part and the different. Some functionaries collaborate with each other, and use the convinience of their jobs to own the public property. In this situation, we should judge the function Gries as the special principal part. Some functionaries collaborate with other kind of persons that are in the same depart nent As a kind of property crime, the corruption's bad ness is the count of the money or the property. So the count is the main basis to judge the criminals. In the commun crime of corruption, the count includes the total and the guaft belorging to every criminals. How to judge a corrupting criminal mainly means apart and total. The writer/s opinion is that is the total. It is taking the total property of the corruption as the standard to judge the criminals. But in the common crime of wrruption, as the different forms of the crime and the differenceaming the criminals, the vange on the basis of the total count is different. In the other wors, as judging the criminals,the total wunt associated with his crime showld be considered. The crimd of corruption is an action, but the graft is the am of the action. As long as it can be proved that a person cloes the corrwption or encroaches on the public property, the crime of corruption can't be denied, even though for some veasons the graft can't be found. Because the morney's missing occurs after the crime, so it doesn't affect the judgement of the crime. For the same veasvn, using the money of wrruption as the wst for the official business doesn't affect the existence of the crime of wrruption. The money shouldn't be got rid of from the graft. There are many different opinions of the standard to judge whether the crime has bddn taken. The writer agrees with the "controlling". That is according to whether or not the criminals take the public property unlawfull. The difference between diverting public funds and corruption mainly is difference of the criminal's mind. The crime of diverting public funds may change into the crime of corruption. The standard to judge the charge is to research whether the mind of the criminal has changed. Researching and solving the problems in the crime of corruption has important effect on the future work.
Keywords/Search Tags:The crime of corruption, Problem, Research..
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