Research On Difficult Issues Of Duty Crime

The duty crime is all along the difficulty in the justice practices,while the qualitative of the cases is also the difficulty of the duty crime.After the analysis of a typical duty crime case,there are three common contentious issues in the justice practices has been posed in the article.Firstly,it has raised the thinking of the line debate between the corruption crime and the embezzlement crime,through the comparison of the two crimes' constituent elements,and the understanding of the concept of ‘the Purpose of Illegal Possession',to make clear the line between the two crimes.To make the evaluations for the qualitative of the case,from the subjective and objective requirements of the corruption crime.Secondly,for the case's controversial problems of the joint corruption crime,it raised the evaluations of the establishing conditions and the classification of the joint corruption crime,and applied the theory into the case,solved the qualitative problems of the joint corruption crime.In the case,the investigating organ informed the supervision departments of its superiors at first,then the defendants went to the public prosecutor's office to contact investigation accompanied by the officials of the discipline inspection commission.It was the specialty of the ways of the appearance in court that lead to the divergence of the voluntary surrender,raised the thinking of the meaning of the voluntary surrender and combined with the nature of the voluntary surrender and legislative reasons of the voluntary system analyzed the divergence's cause reason and how to use the requirements of the voluntary surrender in practice correctly.The duty crime behaviors involve rich theoretical knowledge of criminal law,and also the common problems in practice,the article combined the relevant regulations,judicatory explanation and the research results of theoretical field,conduct a research around the difficult points,just to raise some ideas for some problems' legal resolve of the duty crime case in the judicial practice,and easy to be used reasonably in the judicial practice in the future.