Study On Nature Of Abuse Of Power For Personal Profit By State Functionaries During Trading Of Land

State personnel often uses its special status in the judicial practice of implementing crime, this kind of crime not only damage the national authority official to the country's objective, fair and effective implementation of trust, but also caused serious losses to country and people. In judicial practice, the national office personnel as to the identity of the person often collaborated with undocumented people, commits a crime together, which makes the common crime qualitative become more complicated. In addition, the behavior of the offender breaks several charges at the same time, and it needs to distinguish if there is a crime or several crimes. So, we should deeply analysis from the aspect of criminal law theory in practice. This paper is an essay of case analysis, through a complicated case as the entry point, in order to receive a reasonable conclusion of the case on the basis of the theory of criminal law.This paper consists of four parts:The first part is the basic situation of the case. Mainly includes the cause of action, the introduction of the case and the focus of disputes. The cause of action of first instance trial is the corruption of Mr. ni and Mr. tan. There are mainly four disputes: first dispute regards Mr. ni and Mr. tan's act as a crime of illegally transferring and selling the land use rights. Second dispute considering Mr. ni and Mr. tan's act constitutes a crime of corruption. Third dispute takes their act for a crime of abuse of power. Fourth dispute believes that their behavior constitutes fraud.The second part is the legal analysis of the case. It analyzes the legal theory problems of the focus disputes which have been summarized in the first part. First of all, the author expounds the background and the function of the theory of legal interest, and then discusses the differences of legal interest of corruption, abuse of power and the crime of fraud in order to demonstrate the essential differences of the three charges. Secondly, by comparing fraud and fraudulent corruption, the author introduces the differences between them. Again,discusses the problem that how to deal with the joint crime which was committed together by the offender who has status and the other without status based on the theory of status crime and joint crime. Finally, discusses the quantity of crime in criminal law.The third part is the case analysis and conclusion. Through the relevant legal specifically discussed with the case, combined with the special circumstances of the case, to determine the case Tanmou, certain behavior should be recognized as Ni Implicated fraud and abuse crimes.The fourth part is for the enlightenment of the case. Based on the study of the case, the author summarizes a few questions for further study and research in the future.