A Study On The Application Of Criminal Law For Bribery Of Public Property

In recent years,our country has paid attention to the construction of anti-corruption,and has stepped up efforts to crack down on corruption.However,our main focus is on the fight against corruption and accept bribes,ignoring the important influence of bribery in corruption and accept bribes.No matter in theory or in practice,our understanding is not enough.on the one hand,for bribery criminal penalties of the briber is so light,on the other hand,the illegal cost is low,directly adding to the ethos of bribery.This paper will discuss the bribery of public funds is a kind of extremely serious corruption,In this kind of bribes form,the actor through a variety of virtual projects to take unit of public funds,and the behavior of bribery is concealed,It's very difficult for the prosecution to obtain evidence of crime,which in turn ignites the criminal behavior,thus Its more dangerous than other general bribery.How the bribery of public money should be punished,there is a big controversy in practice,and how to properly convict the sentencing has important theoretical and practical significance.This paper will analyze the behavior of bribery of public funds and the specific controversial focus in the case of the perpetrators,and find a reasonable method of conviction and sentencing,we are hoping that the legal effect and the social effect can be unified in similar cases in the future.According to type of legal case studies master's thesis writing requirements and format specifications,full-text is divided into five parts:The first part introduces the basic case of Li who made up a project taking the funds to bribe:Li who is the chairman and general manager of state-owned company,decided to take company funds to buy a jade bribing to Han without permission.However the jade is still not send out until the time the crime was committed.The second part puts forward the disagreements and disputes focus about the case:In view of the behaviors of Li taking the state-owned company funds,buying the jade to bribe,and there are different opinions on the crime stop form,the amount of crime and the quantity of crime about the two behaviors.The third part analyzes legal issues of the case:on the determination of the crime of state-owned company staff abuse of power;the understanding of the purpose of illegal possession of corruption crime;discrimination of organizational bribery and individual bribery;analysis of the stop forms of corruption and bribery crime;the identification problems of the amount of crime;the quantity of crime and so on.The forth part makes the final conclusion about the criminal behavior of the case: Analyzing the behavior of taking out the public funds,which set up the corruption crime,and identify the crime stop form and the amount of crime;Analyzing the behavior of buying the jade,which set up the crime of bribery,and identify the crime stop form and the amount of crime;and It's clear that punishing the two criminal behaviors together.The fifth part is the research inspiration of this paper:define the unfinished form of bribery;and give some suggestion on how to punish the behavior of bribery with public property.