The Report About Chinese Grassroots Corruption And Bribery Crime In The Judicial Practice

Corruption and bribery crime is a common form of economic crime worldwide. In the current China, the political system reform, economic reform relative lag, lead to civil servants power rent-seeking space expanding and can not get effective restrictions.The 18 th session of fourth plenary session of the central committee of the communist party of China on promoting the rule of law certain major issue decision ", first put forward in the name of the central "accelerate the anti-corruption national legislation, perfecting the system of punishing and preventing corruption, resolutely curb and preventing corruption phenomenon". However, due to the complex rules of our criminal law,the structure of government,State-owned enterprises,corporations and other organizations authorized by laws and regulations have been greatly changed.According to this and other factors,there is fierce dispute among the qualitative of corruption and bribery crime in the grassroots judicial organs in China.It lead to different sentences between similar cases,which is not conducive to punishing and preventing corruption.The author as a grassroots judicial officer, using one by one through historical cases analyzed, combining with the characteristics of cases and review of related literature material method, to the place the unit in recent years to deal with the situation of corruption and bribery crime investigation and study, and in many cases in handling disputes in the process of, for example, to analyze the formative characteristics of relevant criminal for discussion, as for the country's anti-corruption legislation, the judiciary to provide some reference and reference.In this paper, a total of about fifteen thousand words, which is divided into three parts:The first part: the survey of the background to the case. This section briefly describes the present situation of longevity in economic and social development, and from 2006 to 2014, the investigation of the duty crime case.Longevity area in the second part: take bribes class crime controversial typical case analysis. With the author participated in the part of seven take bribes in dispute in the process of judicial cognizance cases, for example, from the criminal subject, criminal object and crime and other aspects, involving the appointed by the state personnel who perform public service before and after the determination, the original state-owned enterprise restructuring listed internal management personnel as to the identity of the determination, the distinction between business and services, the village committee member encroach on the nature of the demolition compensation determination, has the technical expertise of civil servants by using the properties of double identity benefit for others determination, defray of virtual show the identified problems such as the nature of public funds for the higher consumption. Trying to make clear context of corruption and bribery crime in the judicial practice. This part at the same time, further analyzes the problems existing in the corruption and bribery crime legislation, the judicial level and the insufficiency.The third part: Suggestion on enhance the level of grassroots judicial organs dealing with embezzlement and bribery crimes.Combination of Chinese and foreign criminal law theory and legal provisions of this part, to our country's anti-corruption legislation, judicial work provide some opinions and Suggestions, mainly including modify and improve correlative criminal legislation, improve the judicial organs internal management mode, optimize and upgrade the professional status of the judges, prosecutors, etc.