Identified Problems Of Corruption Crimes

Corruption as prone to problems in the process of the theoretical circle,thescholars have done a lot of research and in-depth discussion, and achieved fruitfulresults. However, the crime of corruption in the judicial practice is still considereda complex process, there are still many questions yet to form a unifiedunderstanding of the theory and practice, what is the crime of corruption such aswhat is corruption subject standards, what is engaged in official duties, the object ofthe crime of corruption What is included and what is the scope of public property,deciding how to scope of state-owned companies in the state-owned company afterthe restructuring.The different understanding of these issues will directly affect thequalitative of corruption.The author through the description of the basic details of the case, the courtand the description of the differences in the trial point of view, has carried on theprofound analysis to the case,mainly from embezzlement the constituent elementsanalysis that identified the main object of the crime of corruption and embezzlementof problem issues.This paper will use empirical analysis and comparative analysisstudies on the existing legal provisions and relevant theoretical perspectives throughactual case.Through the case the perpetrator could become the subject of corruption, andcombine with the characteristics of the Subject of Corruption " engaged in officialbusiness," I think，on that subject,according to the different ways of contracting,the cognizance of the main body is also different, business type of contractor generalcontractor belongs to national staff, and the labor-based contractors do not fallunder the national staff. In addition, the issue of embezzlement object, the object ’sscope is not limited to public property, the consensus of embezzlement’s object also accept in the domestic civil and diplomatic gifts and non-state enterprises,companies and other units,and combine with the case of this article, for contractmanagement the objects found in the embezzlement issue, I think that theidentifying with the subject of corruption crime object is different, we can not justlook at contract way, depending on the final status of contracting profits.Detailsshould be concrete analysis,can’t generalize that contracting all belong to the statebefore the allocation.After testing costs for possession of the perpetrator acts GaoFeng specific analysis, I agree with the court’s decision that the perpetrator GaoFeng possess belonging to the testing costs shall return to their own costs, shouldnot be regarded as state property, and therefore does not constitute embezzlement,while the other does not constitute a crime.