Tang, Chen Bribery Case Analysis In The Land Requisition Compensation

In recent years,Job-related crimes occurrence frequently.National staff use their power to harm the legitimate rights and interests of the country and others for personal benefit,causing a huge loss of the country and its people.But In the rapid development of urbanization,The land expropriation tends to universal,coupled with the scarcity and non-renewable of the land,as well as the national staff’s Non-normative in the land expropriation.The fact that the national staff use their power to corrupt,bribe and embezzle compensation occurs frequently and critical.The action causes the lack of social wealth and bad impaction on the society.In order to combat such crimes,we Should correct conviction in the practice of trial as that accord with the principle of suiting punishment to crime and the criminal.Job-related crimes in the process of land expropriation have a lot uncertainty of of conviction and sentencing and argument.How to correctly conviction and sentencing to such criminals?So author try to take Mr Tang and Mr Chen corrupt,bribe for example.In addition to the introduction,this paper mainly writes from the four parts of the case analysis:The first part is the merits Introduction, describes the origin of the case as well as the occurrence of the whole story. The second part is the case of the dispute.Through refining case fact,the author mainly summed up the focus of controversy:the two defendants Mr Tang and Mr Chen certificated of his position to defraud state property, after accepting others for "thank you" behavior should be identified as embezzlement or taking bribes;the defendant Mr Chen by hand power is also constitute the crime of breach of privilege, but how to confirm the crime number;how to calculate the amount of the two defendants jointly corruption crime; and the two defendant in the "double " during active account the crime fact behavior whether it can constitute surrender.The third part is the key content of this thesis, mainly analyzes the focus of controversy. Through comparison of embezzlement and taking bribes between crime constitutes the difference between the relative benefit side of the crime situation, the author want to certificate the crime of the defendants. According to the characteristics of crime of breach of privilege to determine whether constitutes a breach of privilege crime.The author solve the common corruption crimes of corruption crime amount of personal problems according to the relevant judicial interpretations of the common crime "total amounts of the" point of view.Finally,the author through "double" period to determine whether the facts of the crime constitutes surrendered the initiative,to explain the nature of the investigation measures taken by analyzing the nature of the discipline inspection and supervision departments as well as the "double" during the discipline inspection and supervision departments.The fourth part is the conclusion through the first three parts of the comprehensive analysis and demonstration.