On The Advantage Of His Office In The Criminal Law "

There are more than tens in an offense of our country penal code provision is with the clear statement rule of way, affirm" make use of the job convenience" as that the crime establishes the important item. They occupy the certain position in our country penal code system, having the necessity to cause our value. This text just according to this, sample out the alike and objective important item that these more than tens commit crime, make the comprehensive analysis. Pass the comparison, clarify its different and similar to order, and thus better provide the theories leading for the pertaining to crime judicatory.The foreword, text, conclusion of total cent and main four parts of reference of this text, the foreword is part of main introduction choose of reason, purpose, meaning and big body frames of the thesis. The text part mainly includes three parts.The first part: The define of " the job convenience". In generalizing the current foundation concerning" job" concept, the contact linguistics, define big body of" job" for: Administration and other organizations of society at national in turn to turn with benefits for the sake of the national or built-up order of realization, but the existent job power and jobs unify the body. It includes three characteristics of time space of the particular, job of the legitimacy, contents. On certain concept and the foundation of the characteristics, make" job" with the close together concept comparison, include" job" and" work"," job" s and" official business", " job" and" rent service", " job" and" the job power". Later on, this text makes the further analysis to" job convenience", compare" job convenience" with" a convenience of body", " the job convenience" with the differentiation of" make use of the convenience of the job power or the position formation".The second part:" Make use of the job convenience" is in the content in the penal code. This text according to this more than ten crime in" make use of the job convenience" dissimilarity of the concrete characteristic, try to is divided into them to three major type, then the corruption transfers the type and takes bribe the type, and other type crimes. At this foundation on, this text analyzed" make use of the job convenience" in these three crime types of concrete body now. At the analytical corruption transfers the connotation within a crime, this text emphasized to elaborate the contents of" job convenience", and to the comprehension of" make use of the job convenience"; While analyzing to take bribe the connotation within a crime, this text induced to tally up the lawmaking origin and development of make use of the job convenience" and at present academic standpoint, and further made the law to analyze, induced the contents and the form of" make use of the job convenience" finally.The third part: The judicatory affirms medium difficult point. According to the preceding context to" make use of the job convenience" basic concept and" make use of the job convenience" s in three a crime of categories of connotation elaborate, merge to fasten the judicatory fulfillment, tally up among them some difficulties order. In graft transfer a crime, affirm" make use of the job convenience" a little bit difficult to include how to settle sex towards making use of to carry out the job and implement the job but seek the benefits of behavior, and how to behavior person the I. 0. U. a name, abuse the job power to get down belonging to the to want the amount of money, return all behaviors of oneself to settle sex. In take bribe a crime, affirm" make use of the job convenience" a little bit difficult is how to treat the behavior of" make use of the job convenience of the future".