The Legal Characterization Of "Buy Low And Sell High" By National Staff

Not only does the crime of corruption violate the ownership of public properties, but alsojeopardizes the incorruptibility and honesty of functionaries in the state organ, causing majordamages for the Party, the nation and the people, thus making it the key punitive target of thecriminal laws. Since the18th National Congress of the Communist Party of China (CPC),with the Party and government’s growing dynamism and determination to reinforce theanti-corruption measures, we ought to devote more efforts to the theoretical and practiceresearch into corruption, anticipating it having a positive influence on the judicial practice.Based on a real case, the author of this paper defines and studies duties and dutyconvenience regarding corruption, attempting to differentiate taking advantage of duties fromthat of jobs in a better way; by analyzing the behavioral patterns of embezzling, cheating andstealing respectively, the paper tries to correctly grasp the mode of execution of corruptpractices and the corresponding effective objects; for the purpose of better deciding whethercommon properties suffer losses, the author also regards common properties from both thestatic and dynamic perspectives.The whole paper, about24,000words, is divided into four parts.Part one: the fundamentals of the case. This part mainly covers the introduction of thisspecific case, the display of the different viewpoints of the different parties, such as theprocuratorial organ, the court of first instance, the court of second instance and the defendant,so as to sort out the focus of controversy in the case.Part two: the legal principle analysis. By associating the details of the case with its focusof controversy, this part illuminates the node problems as the following one by one: theconvenience of duties, the behavioral patterns of corruption and how to decide whethercommon properties suffer losses.Part three: the conclusion of the case study. The comprehensive analysis of legalprinciples and the details of the case in this part will lead to the reasonable conclusion that thetwo defendants, Zhang and Liu did not take advantage of the convenience of their duties,which does not accord with the objective behavioral patterns of corruption, and they did notcause any losses of common properties. Therefore, the acts of the two defendants don’tconstitute the crime of corruption.Part four: the enlightenment of the case study. The crime of corruption, as a typical crime of dereliction of duties and the emphasis of criminal policy of temper justice with mercy aswell, should be severely dealt with. However, for the sake of the assurance of human rightsand the avoidance of illegal incrimination, judicial officials ought to prudently grasp theobjective constitutive requirements of the crime of corruption in practice, correctlydifferentiate between taking advantage of the convenience of one’s duty and that of one’s joband comprehend the mode of execution of the crime of corruption. In addition, they also needto decide whether the value of common properties has been subtracted from a dynamicperspective, in order to live up to non-wronging and non-indulgence.