Research On Judicial Cognizance Of Corruption Of Offence And Duty Embezzlement Crime

In the current criminal law, the corruption of offence is prescribed in the duty, the duty embezzlement crime is prescribed in property torts. Although they belong to two different types of crime.They are interrelated and different.They are "status crime" also typical duty crime. So there are so many similarities and relevances between them. In Chinese history, duty embezzlement crime is prescribed in the corruption of offence. But with the social and economic fields, the full range of transformation. The use of position to facilitate the conduct of crime are showing a more subtle, more complex way. Therefore, in the application of law, there will be some different understanding and grasp,and the complexity of specific cases in judicial practice.Cause in the conviction and sentencing, the fight against processing and so prone to errors and confusion which leads to the identification of a specific behavior in the end is the corruption of offence or duty embezzlement crime. There are big differences and deviations. So how to correctly identify two crimes, there are very important significances in the office of the public prosecuto exercise there penal jurisdiction and the judges exercise there jurisdictions accurately.We are still relatively easy to distinguish between the crime of committing a single subject to the crime of corruption or duty embezzlement, but when the mixed subject such as the state and the non state collude together, The qualitative problem of this problem has caused wide controversy in the academic circle.Theoretically, there exist such as the prime culprit determinism and imagination concurrence, respectively conviction, main authority and so on, but these views either from theory or from the practical point of view, or being some deficiencies, there are certain lack of the theory and logical contradiction. For the mixed subject joint corruption qualitative, scholars disagree with each other, resulting in instability of conviction, prejudicial to the authority of the criminal law, rationality.The first part of this paper mainly discusses the problem of the corruption of offence and the duty embezzlement crime, analyzes the characteristics of the crime of embezzlement and the crime of embezzlement, analyzes the characteristics of the crime of corruption and the crime of embezzlement, and then analyzes the concept, characteristics and relationship of the crime of embezzlement and corruption. In the second part, the paper discusses the problem of the common corruption of the mixed subject. Firstly according to the relevant legal provisions and judicial interpretation, the paper puts forward the characteristics of the mixed subject, and analyzes the existing problems, and puts forward some methods to solve the problem, which is conducive to the maintenance of stability, authority and rationality.