On The Judicial Determination Of The Crime Of Corruption

"Corruption" is caused by the loss of national credibility of the tumor,so a complete blow to corruption is the people's desire,is also the country's desire,but want to completely remove the difficulty of the big,and even can be said to be out of reach.Through the research,the author finds that with the development of economic system and social situation,the complication of crime subjective complication,the diversification of criminal object,the diversification of crime and intelligence are brought about by many problems.The author summarizes and summarizes the controversial situation which is easy to appear in the judicial decision through combing the historical and theoretical basis of the crime of corruption and puts forward his own views and opinions.This article consists of the four chapters of the history of corruption and the basic theory of corruption,the objective aspect of the crime of corruption,the subjective aspect of the crime of corruption,and the other issues identified by the crime of corruption.In the first chapter,the legislation of corruption is analyzed and the basic theory is discussed.First,the legislation of corruption is combed,and the legislation of corruption in our country has been changed five times.Secondly,the theoretical basis of corruption is briefly introduced.Through the summary of the legislative evolution and theoretical basis of the crime of corruption,it is understood that the present situation of the current crime of corruption is paving the way for the later investigation of the darling of the crime of corruption and the author's exposition of the judicial determination of corruption.The second chapter finds the objective aspect of the crime of embezzlement,including the act of objection and the way of behavior.With regard to the object of conduct of embezzlement,the scope of public property should be defined according to the law;Secondly,the judicial disputes in the existence of a large number of issues discussed separately,including the identification of real estate,the identification of contraband,intellectual property and other intellectual results identified,stolen money for the determination of official expenses;The act of determining the conduct of the crime of embezzlement,including the determination of "the use of duties" and the means of misappropriation of public property(misappropriation,theft,fraud,other means).Chapter 3: The main body of the crime of embezzlement,first introduced the provisions of China's legislation on the subject of corruption,clearly defined in China from the "identity theory" to "functional theory" of the change;Secondly,the main body of several judicial disputes,such as the village committee staff,villagers group leader,village accounting,cashier,party and government organs and CPPCC members,while the different identity of the common implementation of corruption crimes identified;Thirdly,the subjective elements of the judicial determination of corruption are discussed,and the perpetrators of corruption are required to have the direct intention of illegally possessing public property.The fourth chapter is about the other problems in the judicial determination of corruption.It mainly analyzes the similarities and differences between the crime of corruption and the non-crime,the similarities and differences between the crime and the crime,and the difficulty of clarifying the crime of corruption and similar crimes.In addition,according to the two co-promulgated "on the handling of corruption and bribery criminal cases applicable to the interpretation of a number of issues" on the amount of conviction and sentencing amount of the revision of the same time on the amount of common corruption and the determination of the interest rate of interest.The purpose of this paper is to summarize the relevant difficult problems in the judicial identification of embezzlement and grasp the pain points of the crime in the judicial decision,and discuss the objective and subjective aspects respectively.At the same time,it is easy to meet the judicial cognition Crime and non-crime,the crime and the crime of such recognition of the analysis,put forward their own views and views.