An Exploration Into The Use Of The Position Of State Functionaries To Facilitate The Profiteering Of Dishonesty

At present,in the course of the continuous improvement and development of the socialist market economy system in China,the main bodies that can engage in business activities have also expanded,and transactions have become increasingly common and diverse.This requires that the law has to make timely adjustments to the development of the market economy,regulate and guide the various economic behaviors under the market,and promptly apply various civil,commercial,administrative and even criminal laws to protect the legitimate interests of the economic entities in the trading market.However,as we all know,due to the fact that China's market economy is still developing,new trading methods and trading methods continue to emerge,and the statute law itself is characterized by stability,lag,etc.,so the law cannot make new problems that appear constantly during the transaction process.Timely adjustments.As a legal security law,the criminal law itself must not only adhere to the nature of humility,but also protect the bottom line of protecting the legitimate rights and interests of the country and the individual,maintain the normal social order,escort the economy,and safeguard the basic principles of good faith in the market economy.Therefore,the most important point is to start with real-life cases and proceed from a general phenomenon to make timely explanations and adjustments.The purpose of this article is precisely based on this background.Through the cases that emerged in practice,the issue arises.Discuss whether China's criminal law has the penalties for penalties for the convenience of state employees in using their positions to conduct business operations.What kind of conviction should be used for qualitative punishment? And further discuss whether similar behaviors of other entities in the market economy also need to be adjusted by criminal law.The article is based on foreign law,mainly the crime of breach of trust in the German and Japanese criminal law,taking into consideration the basic principles of the statutory crimes in China and the criminal policy of combining leniency and strictness.The full text consists of four parts.The structure is as follows:The first part: Through a brief narrative of typical cases encountered in judicial practice,the party's identity,title,details of the case,and the procuratorial authority's identification and reasons for the case are introduced,triggering thinking and introducing questions.The second part analyzes the crimes that may be committed by the parties in the case,the crime of corruption,the crime of unlawful profit-making for relatives and friends,the crime of illegal business,and the crime of abuse of power,and demonstrates whether the relevant provisions of the current criminal law provisions in China can be used in the conduct of the parties in the case to a reasonable evaluation.The third part analyzes the necessity of national staff to use business conduct to conduct business-profitmaking criminal law evaluation,leads to the crime of breach of trust,and examines the concept and background of the crime of trespass through the investigation of the crime of deception in foreign criminal law(mainly in Germany and Japan).,theory theory and constituent elements are introduced.Further analysis of our country's related crime introduction model for such behavior regulation,the first one is to add the crime of breach of trust in the existing criminal law system in our country,and the second is to the 166 th of the existing criminal law(for the illegal profit-making of relatives and friends))Make adjustments.Part IV: On the basis of the previous text,the author introduces the mode kickback cases with tendencies of prosecution,and extends the regulation of such behaviors.At the same time,based on the overall consideration of legal provisions,he proposes to propose amendments to relevant legislative changes in civil and commercial matters to coordinate the This kind of behavior was convicted of crimes,and a brief explanation of the individual's crime of committing a breach of trust in the future.