The Practice Problems And Solutions Of The Corruption Crime

Corruption as a serious violation state personnel integrity and public propertyownership of a multiple of the duty crime which has always been our country criminallaw as an important target of attack, but in real life the case there or emerge in endlessly,the judicial authority of the case upon acceptance is also more and more, and differentcases present different characteristics, in the processing of the very tough, some aspectsof the main in bigger dispute is: corruption crime subject of define, corruption crimeobject defined, about the future of money in corruption problems and corruption ofmixing main body of joint crime that problem.This article from the corruption crime subject in the process of defining the existingproblem of, through the analysis of the theoretical circle theory of view, the maindifficulty that corruption describes, in hopes of theory and lawmakers of the offence ofcorruption related problem solving help. This paper is divided into three parts:The first part of the study of the subject of crime is corruption that problem. Article93and article382of the criminal law in the related regulations, but practice some of themain problem that there still affects judicial organs, this part of the "state-ownedcompany, enterprise""in public" concepts, such as the study of the "must state personnel"three kinds of the more detailed analysis, and "engaged in public service" in the criminallaw’s meaning is discussed in this paper.The second part of the paper corruption crime object, this paper discusses mainly thethree special object: real estate, intangible property, and can be used as corruption crimecontraband object, this paper puts forward corresponding point of view and to argue, forcontraband on the different nature of contraband itself to consider that corruptioncontraband or constitute the crime or other relevant contraband constitute corruption.The third part of the money to the corruption is discussed. From the cases ofcorruption in the money out to affect the problems about the qualitative and money in isused for official routine.and part in the total amount of money can deduct, through thetheoretical analysis to money does not belong to corruption constitutive requirements sodoes not affect the offence of corruption qualitative, but can all aspects of comprehensive behavior in the sentencing of the perpetrator considered, and the money will be used toact after public spending or donate part of the qualitative should not be in the total whencorruption shall be deducted.The fourth part discusses the offence of corruption problem joint crime. Frompractice that existing problems of joint crime, mixing main body constitute a crime shallbe how to qualitative, expounds theory put forward, there are many theories: primeculprit decided to say, conduct said, a joint crime to nature, and said, using their power tosaid. This part analyzes the advantages and disadvantages of each theory in the currentsituation of the proposed own view.