Practical Analysis Of The Purpose Of Illegal Possession In The Crime Of Corruption

As one of the main duty crimes,the crime of embezzlement still has great controversy on the connotation of the subjective purpose of illegal possession,the determination of the purpose of illegal possession and the incomplete analysis of the criminal behavior.Due to the imperfection of the legislation of the crime of corruption and the inconsistency of the judicial staff's cognition,the phenomenon of different judgments in the same case often occurs in judicial practice,which seriously damages the judicial authority and justice.This article belongs to the case analysis paper,the author intends to through a criminal case,the related difficult problems involved in in-depth analysis,draw reasonable conclusions,and provide some reference for future cases.This article consists of four parts,excluding the introduction,with a total of about20000 words.The first part is about the basic situation of the case.Specifically include: the cause of the case,case briefing,divergent opinions,through the analysis of divergent opinions,summed up the core of the case controversy.The core of the controversy in this case is whether the purpose of illegal possession is a constituent element of the crime of corruption,mainly from the following four aspects: first,whether the purpose of illegal possession is one of the subjective elements of the crime of corruption;second,the connotation of the purpose of illegal possession;third,the purpose of illegal possession.The fourth is whether Yang Mou,shen Mou and Wang Mou take 180 thousand yuan of public funds to constitute a complicity of the crime of corruption.The second part mainly focuses on the relevant jurisprudence of the purpose of illegal possession in the crime of corruption.It mainly studies some theoretical issues of criminal law which are touched upon by the core of disputes.Firstly,by analyzing the elements of the crime of corruption,it is concluded that the purpose of illegal possession is one of the subjective elements of the crime of corruption;secondly,the connotation of the purpose of illegal possession is deeply discussed,and the meaning of the purpose of illegal possession is accurately understood and grasped through theoretical analysis,so as to distinguish the crime and non-crime of corruption.The determination of the purpose ofillegal possession,through studying the objective performance of the perpetrator of corruption crime and adopting scientific and reasonable methods of criminal presumption,determines whether the perpetrator of corruption crime has the objective of illegal possession subjectively,so as to improve the professional level of judicial staff in handling corruption cases and avoid mistaken cases.Fourthly,it analyzes the unfinished form of corruption crime and draws the standard of both attempted and unaccomplished crimes.The third part is the analysis conclusion of the case.Through the second part of the relevant theoretical research on the crime of corruption,combined with the specific circumstances of the case,clearly draw their own views,that is,Yang Mou,Shen Mou,Wang Mou conspired to extract 100,000 yuan of public funds,because the three persons have the subjective "purpose of illegal possession",constitute an accomplice in the crime of corruption,is an attempted act;Yang Mou,Shen Mou,Wang Mou-gong.The act of withdrawing 80,000 yuan of public funds in the same set should be an abuse of power because the three persons do not have the subjective "purpose of illegal possession" and do not constitute a crime of embezzlement.The fourth part is the inspiration of this case.That is to say,in dealing with corruption cases in the future,we should accurately grasp the standard that state functionaries possess the purpose of illegal possession,and hope that the state can perfect legislation on the objective act of criminal presumption applicable to the purpose of illegal possession of the crime of corruption as soon as possible,so that the judicial staff can be clear in determining the nature of the crime of corruption.Intuitive and unified standard.