The Determination Of The "purpose Of Illegal Possession" In The Crime Of Corruption

In consultation with the advanced modern society,the private issues of politicians have been severely tested.In recent years,the corruption behavior of high-privileged individuals in China has emerged in an endless stream.For corruption in our country,great attention has been given to legislative and judicial practice.As a kind of corruption crime,corruption has always been the focus of criminal law punishment.At present,corruption is receiving more and more attention as a hot issue in the society.The state has also increased its crackdown on corruption issues.The development of the social economy,followed by the emergence of many new forms of corruption crimes,combined with the increase in the awareness of counter-reconnaissance offenders has brought more difficulties to the current judicial practice.Although China's research on corruption crimes is fruitful,there are still many controversial issues.Some difficult issues are currently inconclusive and need further exploration and research.Under the severe social background of the current crackdown on corruption,it is even more necessary for us to accurately grasp the crime of corruption,study the controversial issues encountered in practice,and give theoretical support to its criminal law so as to better fight crime.The criminal law theory community generally believes that "the purpose of illegal possession" is a constituent element of property-based crimes(the crime of corruption is also a kind of property crime in nature).However,there are still differences in the understanding and recognition of "the purpose of illegal possession" in the theoretical circle.In the judicial practice,how to determine the subjective mentality of the defendant's crime is always a difficult problem in practice.However,as the actor's inner image,the illegal possession purpose is difficult for the outside world to accurately grasp.This led to the fact that the judges in practice found that the perpetrator constituted the purpose of corruption when they found that the perpetrator constituted the crime of corruption.As of July 3,2017,the author conducted a search in the "ChinaJudgment Paper Network" with "key words of corruption" and "first instance" as key words.A total of 9,005 judges were obtained,and the keywords of "illegal possession purposes" were used as the key words.Search results,a total of 560 judge documents were obtained.To roughly read the 560 judgment documents,the author found that most judges pointed out in the conclusion of the judgment document that the defendant had "acquisition for illegal possession",but did not specify how to determine it.Only 560 of the 9005 referee documents mentioned "the purpose of illegal possession." A large number of judges neglected to determine whether the defendant had the purpose of illegal possession,and most of the judges did not give any affirmation in the referee documents referring to the purpose of illegal possession.reason.This is enough to show that in China's judicial practice,the determination of the illegal possession of corruption crimes is confusing.The author mainly analyzes the problem of identifying the illegal possession of corruption crime from four partsThe first part introduces the doctrine of illegal possession in the world.Explained the theory of exclusion of civil law,the use of dispositions,and eclecticism;the intention of permanent deprivation of rights in the Anglo-American legal system;introduced the mainstream doctrine of our country's purpose of illegal possession,mainly intent on possession,illegal profit,Illegal allegations and illegal possessions.Compare with the major foreign doctrines to evaluate the main doctrines in the country.The second part introduces the current status of the identification of the illegal possession of corruption in the judicial practice in China.In this part,the author mainly reads and studies the Chinese Judgment Paper's Judgment on Corruption Crimes.Through reading the author's discovery that the judges in practice have found confusion in the illegal possession of corruption,most judges have evaded the issue and few have The purpose of demonstrating illegal possession in the instrument also does not describe the argumentation process.At the sametime,the specific reasons for the problem are analyzed based on the analysis of the current chaos in China.It mainly includes that the legal provisions are not clear,and the illegal intention of possession as the actor's internal attitude proves to be difficult and academic views are not uniform.The third part elaborates the necessity of determining the illegal possession of corruption crimes.In this part,the author found that the confusion in the identification of illegal possession could easily lead to errors in the determination of charges,such as the crime of confusing corruption and embezzlement of public funds.It can also easily lead to errors in conviction and result in unfair justice.The fourth part is about concrete suggestions for improving the identification of illegal possession in China.In this part,the author focuses on the first three parts of the study in conjunction with the status quo in China to improve the identification of the illegal possession of corruption and put forward reasonable suggestions.First,the connotation of the purpose of illegal possession should be clarified;second,the presumption rule should be formulated.