On The Construction Of Public Officers Property Declaration And Announcement System In China

In judicial practice,the two seemingly identical case,the verdict may be thousands of miles away,the fundamental reason is that the crime of violating legal interests.Even in the same case,in different stages,the judicial interpretation is also different.The crime of embezzlement,misappropriation of funds,fraud,embezzlement and other crimes the confusion in the judicial practice,there are different opinions.According to Jo,introduction of the case and the reasons for judgement lvmou embezzlement case three case quoted,summed up the four major focus of controversy,namely:cognizance of state-owned companies and state functionaries,limits of official conduct and personal the behavior of crime,Violations of law issues identified,identified problems involved in crime.And then from the legal perspective,a theoretical analysis of the focus of controversy.For the first issue,according to China's criminal law and related judicial interpretation of the Supreme Court,only the state organs,state-owned enterprises and institutions assign to the state-owned shares.The company is engaged in public service personnel,in order to "civil servants" theory.Only by state organs,state-owned companies,enterprises,institutions assign to the state-owned shareholding company engaged in public service in the performing organization,leadership,supervision,management responsibility is the national staff.Belong to the national staff,closed The key is to see whether the "public affairs",according to the theory of criminal law to engage in public service in public understanding,is the representative of the state organs,state-owned companies,enterprises,institutions,people's organizations and fulfill the organization,leadership,supervision and management responsibilities.For the second focal point,the demarcation point of official conduct and personal conduct is the use of his position.The third focus of controversy for the crime of embezzlement,misappropriation of funds,fraud,embezzlement and other crimes to distinguish four elements from the crime to analysis.Fourth the focus on common crime,divided into accomplice,accomplice in.The thing in accomplice refers to a two people did not start There were just conspiracy,in the criminal process to establish cooperation,cooperation,to realize the criminal purpose.Hope that through the legal of three typical case analysis,to provide a reference for complex judicial practice for various kinds of complicated,that is the first to identify the facts of the case,and then summed up the focus of controversy of the case then,the controversial focus of the corresponding legal analysis and summary about the case should be applicable laws,so as to draw a correct accusation,and standardized sentencing,ensure accurate conviction and sentencing of the suspect,to ensure proportionality,to ensure the correct application of law.If used improperly Not only,cause the lopsided,difficult to achieve individual justice,but also the influence of social fairness and justice.