Judicial Identification Of The Objective Aspect Of Corruption

Corruption crime is about an action that the national civil servants seek for personalinterest by abusing public power. It may be charactered as greedy action and misconduct, notonly jeopardizes the national politic, economic and legislative system seriously，but alsodestroys the integrity image and public faith of government. Thus，it has long been the keyattack of Chinese criminal law. Chinese government pays much attention to the corruptioncrime，for example，the regulation for punishment of corruption of the people’s republic ofChina was issued pursuant to article18of common program of people’s political consultativeconference of the people’s republic of China; article382in1997criminal law laid out theregulation of corruption crime. In recent years, however, new types of corruption crime springup like mushrooms after the rain. Various objects and hidden means and other new ways arechallenging the efforts of attacking corruption, and putting forward new puzzling questions tolegislative construction. By citing a real case happened in Zhejiang province, connecting thetheory and practice of criminal law, this thesis aims at exploring the following questions, suchas what is taking advantage of public power, whether the object of corruption crime includesproperty interest, how to define the standard of accomplished and attempted corruption，sothat we could have deeper understanding of corruption crime.The thesis is about20,000characters and can be divided into four parts.The first part：the introduction of the case, including the causes, process, controversialkey point of the case.The second part：the legal theoretical analysis of the case. It mainly analyses questions asbelow：what is taking advantage of public power, whether the object of corruption crimeincludes property interest, how to define the standard of accomplished and attemptedcorruption. Besides，the author’s ideas are being presented.The third part：the conclusion of the case research. Based on the legal theoretical analysis，the conclusion has been reached out.The fourth part：the revelation of the case. List the advices and significance of the futuresimilar cases depended on the above analysis.