The Qualitative Analysis Of "Public Money Gifts" In The Judicial Practice Of The Procuratorial Organs

"The public funds gives presents" not law concept,in the related law to this also have no explicit rules,combine typeface meaning and reality performance,usually meaning bottom "the public funds gives presents" is to aim at current society win some units or individual for seeking a benefits,make use of a kind of image summary that the public funds presents a wealth and properties phenomenon in various way for parties concerned,individual and internal officers and workers."The public funds gives presents" is without restraint 1 kind of the social phenomena have complicated history reason and in many ways the realistic factor of.At that moment,the breeze of "the public funds gives presents" often forbids difficult,have become a corrupt important manifestation,become long don't more cure to sink E of confirmed disease and social harmful effects,in fact the quality is the Kai of Kang nation,be counter with money of taxpayer to attain personal or small collective purpose.Current "the public funds gives presents" 's incumbency work occupy a very high proportion in the crime,it infringed upon many method benefits of law protection and had very strong social harm,but checking of in the official records piece a process in because of qualitative problem,caused many controversy.Our country current penal code and judicial explanation in the related problem that didn't give presents to the public funds carry on explicit explanation and rules,this causes to procuratorial Organ in the middle of physically handling a case,because district,region reason,unit leadership and concretely handle a case the personnel's factors like understanding reason,etc,give presents to the public funds with disobey Ji the theory place still break the law theory place,if with the illegal theory place,so should with the criminal charges affirm an etc.problem of concrete treatment is a vast difference between the two,cause many problems to some extent thus,include understanding controversy that Ji checks an of section and procuratorial Organ,be handled unit and personnel and Jis to check a section and check the self-contradict etc of procuratorial Organ.Eradicating completely "the public funds gives presents" is a present stage our country the anti-Fu work of importance constitute part,how can check to do "the public funds gives presents" case by law under the premise that governs a country by law,exactitude qualitative,attain Zong not to don't waste,give nation,give people answering of a satisfaction book,then all levels procuratorial Organ need a problem for facing.This text combines to procuratorial Organ to meet in the judicial actual situation of case,surround "the public funds gives presents" in the judicatory fulfillment the case exists in corpus,guest body etc.of parts of difficulties,dispute a problem,synthesize an usage classification to comb,contrast analysis,quote from argument etc.method,carry on an analysis research to settling of "the public funds gives presents" case qualitative problem,forms conclusion in the aspects of applying criminal charges and offense number to affirm.