The Entrusted Type Crime Of Corruption

Since ancient times,whether nationally and abroad, corruption,are widespread.The crime of Corruption is a traditional criminal law offenses in China,it born out of the crime of Embezzlement, and early than the crime of Official Embezzlement.As one of the main ways to protect the integrity public property and the inviolability of official conduct maintenance, it plays an important role for the country’s governance.With the ever-changing economic environment,the ways of operation and management of state property are also diverse.In practice has occurred the situation that the State- owned Units with contracting, leasing approach and other ways to entrusted the management rights of state property to non-national staff.At the same time, because of the lack of legal terms and conditions to match,some state property were occupied by criminals who are reluctant to property,and this caused the loss of state property in a certain degree.Thus in 1997 when the new Criminal Law revised,we added the Entrusted type crime of Corruption on the basis of the original crime of Corruption.As an emerging fiction provisions,it’s both the same with the general crime of Corruption based on the article 383 of Criminal Law to sentence, but also in the constituent elements have different from the the original crime of Corruption.Its purpose is to constraint and supervise to the entrusting of the management of state property,and give the illegal perpetrator with guilt considerable criminal penalties.However, due to the uncertainty of the law and the judicial interpretation,there have been many differences and disputes at identified the crime in judicial practice,this have affected the fair and impartial administration of justice on trial.This paper started from the legislative origins of the Entrusted type crime of Corruption, ascertain the reason of the legislation and purpose.On this basis, demonstrates the difference between the Entrusted type crime of Corruption and the general crime of Corruption in the crime constituted essentially.After the identification of the Entrusted type crime of Corruption is the fiction and specific crime of Corruption different with the general crime of Corruption, start from the entrusted relationship which is the special constituent elements of the crime,combined with some practice case to focus on the entrusted relationship of the crime in the nature of property, recognized standard that called criminal law judge issues,etc.Finally, the paper synthesizer the results of the above discusses to raise questions occurred in practice, as well as put forward the suggestions about the views on the future of the Entrusted type crime of Corruption,hoping to help improve the theory and the judicial application of the crime.