On Several Problems Of Corruption In The Crime

Because crime of corruption has the dual characteristics of the crimes of taking advantage of duty and the economy commits crime, and because of the specialty of the identity of the criminals, the development and concealment of crime means, and the mistiness of criminal law, for a long time, how to determine crime of corruption is always a disputable problem.In our country, due to the influence of the political and economic system and history, the body of crime of corruption is not specified strictly. After the old Criminal Law is emended in 1997, the range of the body of crime of corruption is contracted in the new Criminal Law. But the problem is still not solved by the root; people still have different opinions on how to sentence and punish the behaviors that the people in the basic organization like the villages' committee take advantage of duty to occupy the putic property illegally. Therefore, registering administration of this kind of case is not very clear, and they are with different laws in judicial practice, so that this kind of cases cannot be seriously handled according to laws. This paper states the situation that the people in the basic organization like the villages' committee become the body of crime of corruption in the different ages, to demonstrate further that the standard on the body cannot be simply judged by their extrinsic identity but be judged by the essential characteristics whether they have the right to perform public duty like state personnel. The people in the basic organization like the villages' committee can be the body of crime of corruption when they help the government with the lawful administration. The members of the Party Branches in the country should belong to the people in the basic organization like the villages' committee, who become the body of crime of corruption depending on whether they perform lawful administration like other members of the villages' committee. The heads of the villages' groups' usual can't be the body of crime of corruption but that is possible in special cases.Since crime of corruption is a typical kind of crime of occupying property, thepurpose of occupying illegally is the essential factor. Whether the actors have the purpose of occupying illegally is of great significance. This paper states the meaning of occupying illegally and its objective extrinsic forms, such as embezzlement, steal, beguiling and other kinds of occupying illegally. At the same time this paper comes up with views on this phenomenon: when some actors can't deny that they occupy the property illegally, they often place emphasis on the use of the illicit money; they claim that the money has been used for public affairs, to deny they have the purpose of occupying illegally subjectively; if so, the cases won't be determined exactly. In order to severely crack down this kind of crimes, this paper shows that the whereabouts of the illicit money isn't the essential factor of forming crime of corruption; the whereabouts of the illicit money can't effect the determination of the crime.The joint offence of corruption is also a difficulty in judicial practice, which focuses on determination of mixed joint offence. Because of the complexity of joint offence of corruption, the number of mixed joint offence of corruption is of great significance. Therefore, the author puts forward her own viewpoint about the concept of the joint offence of corruption, its characteristics, the theory of the joint offence of corruption of the people who have different identities, and the disputable points in practice, raising that the determination of this kind of offence should obey the rule that the concrete problems should be analysized concretely, the different problems should be dealed in different ways; the joint crimeless should take the responsibility for their crimes according to the amount of their participating the corruption.