An Analysis On The Case Of Corruption By Yang

Corruption in the process of governing the country during all previousdynasties. Because of its serious social harmfulness, our country has always attachedimportance to fight against corruption crime. After the founding of new China, inorder to ensure the official governance strictly, there has five times for corruptioncrime legislation.The current criminal law of our country with five provisions of thecrime of corruption of the concept, constitutive elements and penalty gaveacomprehensive and scientific requirements. However, in recent years, along withthe social economy component becomes more and more complex, the existing formsof property change constantly, corruption in the object, means showing increasinglydiverse, complex, subtle features.The land area of the city reconstruction,resettlement and other sectors, state functionaries by taking advantage of theirposition illegal occupation of land cases have occurred, such as the corruption caseof Yang is a typical example,taking the advantage of position have subordinaterelations of other staff position to seek profits for his own, whether to belong to thecrime of corruption "by taking advantage of one’s position ", has become a problemworthy of study. At the same time, the main targets of corruption crime criminal lawtheory said that is the "public property", but for the land use right is belong to"public property", can be concluded to the object of corruption crime, arecontroversial in theory and practice.In a market economy under the new situation,should not be constrained by the traditional concept of the planned economy era,give full consideration to the judicial practice of "public property" and "by takingconvenience of position" of the new features, grasp the essential characteristics ofthe crime of corruption by taking advantage of illegal possession of public property,clear specific meaning “by taking advantage of one’s position" and "public property".The convenience of position in the crime of corruptiont, refers to the useconvenience of position in charge, management,handling power rand convenientconditions of public property,including the convenience of duty of my officesupervisor, management of public property, including the advantage of his positionto facilitate the other national staff have subordinate relationship of duty; The objectof corruption offence"public property" includes both movable property, includingreal estate, including state-owned and collective land use right; Resettlement of landuse rights have calculated amount of property with money interest, essentially belongs to the criminal law provisions of the first paragraph of article three hundredand eighty-two of "public property", the use advantage of position illegal possessionshall fulfill the resettlement of land use rights, can be identified the crime ofcorruption.At the same time, as long as a matter of fact the actual control of theillegal possession of public property, it shall be deemed to accomplished the crimreof corruption.