A Number Of Problems. Of Embezzlement Study

Learning from history, Chinese government has been looking for effective ways to control corruption. Corruption offence, as a crime with a high incidence and greatly harmful to society, should be punished severely according to law. The Criminal Law and relevant regulations have made detailed provisions on the punishment of corruption offence. This crime, however, with the deepening of the counter-corruption campaign, has taken on various new forms and manifested new characteristics. And in judicial practice there are still many hot-debated theoretical issues, such as subject of the crime, criminal behavior, joint offence and the demarcation of criminal target and consequently many problems are left unsolved. All of these render it necessary to further strengthen the research in corruption offence. This thesis, about 35,000 words, in accordance with the current laws and judicial interpretations and combining problems from judicial practice, attempts to carry out a study on the corruption offence from six aspects so as to contribute to the practice of judicial work.The first part is the object of the corruption offence .In the traditional theory of criminal law, the object of the corruption offence is public property. In this part, the author rethinks about the question and believes that the object of such an offence should be any property including some private property controlled and managed by the subject of corruption offence in the name of public duty and power.The second part is the criminals of the corruption offence. Baced on the penal code, the criminals of the corruption offence are special ones, including the functionarise and some other special ones. Such persons should be characteristic of "public duty" and "legality". Public duty should be judged by its judging and decisive nature. Legality means the identity or duty of the offender should...