A Study On The Difficult Problems Of The Crime Of Corruption And The Attempted Boundary

Corruption,as a malignant tumor,affects the normal operation and development of the country.With the strengthening of anti-corruption efforts in the country,the number of cases of corruption and bribery has increased year by year.In the theory of criminal law,the distinction between accomplishment and attempted crime has always been the problem of disagreement,and it is also a difficult point in the theory of criminal law.The accurate determination of criminal behavior and criminal form of the perpetrator not only has important influence on the collection and examination of evidence and applicable law,but also affects the conviction and sentencing of the perpetrator.In the judicial practice,whether the cases of the collusion between the state staff and the relative person can be regarded as the standard of the crime of corruption is not uniform,the crime pattern of the joint corruption case is either accomplished or attempted.As to the cases of joint corruption,whether the state workers have received the illegal benefits beforehand,there is a great controversy in the actual handling process,and there is no judicial explanation to guide the case.The author,through the collusion between the head of state-owned enterprises and private enterprises to defraud the equipment of state-owned enterprise,makes a study and analysis of several common theories,compares the merits and demerits of each theory,and puts forward the basis for defining the accomplishment and attempt of corruption crime,that is,"unit failure".This standard is helpful to the correct conviction and sentencing of corruption crime in judicial practice,and also provides instructive research ideas for handling similar cases of corruption crime.This article is about 20,000 words,the structure of the article is divided into four parts:The first part: the basic situation of the case.This part of the author briefly introduces the case,the basic case,the existence of the nature of the behavior and the differences in the form of crime,to comb out the controversial focus of the case.Part ?: Legal analysis.In this part,around the controversial focus of the case,in the case of joint corruption,conducting legal analysis.In the academic theory and legal provisions,the general theory of the boundary between the sin and the attempt of crime,and the academic viewpoint of the sin and the future of corruption;correct understanding of the criminal object of corruption,in the judicial practice,it expounds the difficulties of distinguishing between corruption and attempt.Part ?: The analysis and conclusion of the case.This part unifies the legal analysis and the concrete case,obtains this case the reasonable conclusion: The state worker Li MoU collects the rebate money beforehand the source is its unit,its behavior constitutes the corruption crime,the relative person Wang some constitutes the embezzlement crime accomplice;because because of the objective reason,this unit property has not suffered the actual damage,therefore Li MoU,Wang MoU is the corruption crime attempt.Part ?: The revelation and suggestion of the case study.Through analysis and research,it is found that the existing laws and theories are still needed to define the standard of accomplishment and attempt of corruption crime.The "unit failure" is a more specific and accurate definition of the crime pattern of the corruption crime of the state staff,which accords with the principle of the criminal punishment,and proposes to increase the judicial interpretation to make the judicial practice more operational.