Study On The Crime Of Corruption

Corruption crime is currently an important reality problem in Chinese society,with the deepening of China’s social transition, the number of corruption crimereached new highs, escalating. The generation of this kind of phenomenon not onlyseriously damage the credibility of the party and country, and hindered thedevelopment of Chinese economy, even a threat to the country, the foundation ofnationTahli ss taabrtiilcitlye.system elaborated the development and changes in the history ofcorruption in China, discusses the corruption from the xia dynasty began after thefounding of the people to the general situation of the legislation and the connotationdevelopment, and especially introduces the different countries and regions in theworld for the regulation of corruption and description, easy to corruption, there is ahistorical from the outside of the comprehensive and integrated knowledge andunderstanding. With corruption crime constitutive requirements as the breakthroughpoint, step by step a step by step to analyses the subject of corruption, the constitutiverequirements of justice corruption, the subjective element of justice objectembezzlement and corruption the objective constitutive requirements of justicejudicial cognizance of constitutive requirements. And corruption are widespreadproblems, especially the problems in the judicial practice is discussed and analyzed.The following conclusions are drawn:1、 From the ancient "from ink to the six thieves in the evolution of the"; By1979the word "corruption" gradually into the law; Finally after1979corruptionconnotation gradually thinning. Is a legal process of inheritance and development. Fordifferent countries and regions is similar to the crime of corruption have differentunderstanding. Some countries and regions have no set up on charges of corruption,but the related crime in misappropriation of sin, official embezzlement,embezzlement, theft, or conceal property crimes.2、, the corruption of the constitutive requirements of justice, the essential featureof crime subject is engaged in the business and individual occupation. Crime subjectis the scope of "national staff member" and "theory of state personnel staff. Corruption in the subjective elements of justice, corruption is an important part of thesubjective factor is subjective intent on "know" and "the will for the purpose of illegalpossession". Corruption is an important part of the objective elements is "by takingadvantage of his"; By means of crime is "appropriates, steals, swindles or othermeans" and "illegal possession of public property has formation. Object of thecorruption is the national integrity system and the ownership of public property. Thecrime object is the gift of public property, should turn over to the authorities,insurance, and other units., convicted of corruption condition is "corruption in5000yuan of aboveamount" and "corruption and amount of less than5000, but the circumstances areserious". Corruption of attempted has three basic characteristics:1, to corruptpractices;2, corrupt practices an offender;3, due to any reason attributable to theoffender will, corruption is not succeed. Intellectual property rights and equity, can beused as object of corruption crimeThe difference between the two, corruption and crime of job occupation crimeand crime object different subject. Corruption and the scope of difference is that acrime subject of the crime of embezzlement of public have differences, the scope ofobject of crime, crime means different. In addition embezzlement has returned thetimeliness of3months, but not for corruption. Corruption and Shared out thestate-owned assets of the difference is that different crime subject, crime means,initiate the amount is different also.Five, the joint crime judicial cognizance of corruption in this issue, thecognizance of corruption to make is according to the identity of the person and theposition of the use of nature to qualitative. When two or more per capita to statepersonnel, use of national staff position encroach on public property, of corruptionand its accomplice. Per capita to state personnel, the use of national staff position,occupy the public property, to corruption and its accomplice. Public workers andnon-state staff collude together, encroach on public property or a public property, tothe principal of the criminal nature.