The applicable of justice about the crime of corruption
Abstract
The crime of corruption is one kind of serious crime by taking advantage of duty behavior, over the years is the country ruling class to coordinate the relations of the rules , is a key crime which the class of rules attack. This year is the reform and open policy 30th anniversary, continues thoroughly along with the reform, market economy system's further development, social life had the earth-shaking change, in the practice there are many kinds of new corruptions, wich has brought the new difficult problem for the Judicial department, and has caused many disputes in the theorists.
The controversy of the crime target mainly concentrated in the state shares or state-owned companies, enterprises, the shares of companies that property. Some believe that the state should recognize its nature, while others are completely deny its state-owned properties. I think that certainly has some reasonable ,we should insist that public capital. On private property that, Some scholars completely denied the criminal offence of corruption as a target. And I think , according to the relevant provisions of China's Criminal Law , we should not be excluded completely private property. For "used his position to", in my view, to understand the true meaning of the crime of corruption in the use of his position to facilitate, we shoud make a use of the relevant judicial interpretation as the basis. Therefore, I believe that the crime of corruption in his position to facilitate ,wich the perpetrator positions on the treatment, and disposal of public property or control functions of convenience. About an accomplice, in my view,we shoud take into account its special nature,about the common characterization of acts of corruption of mixed main.we shoud Combine"Common criminal nature" and " decision about used his position to facilitate " together. On the subject of that,there are Shares, owned, and holding ,but comparatively speaking, I believe that a more reasonable that owned more.
The author unifies the actual situation, according to our country criminal law, conducts the discussion research to the crime of corruption main body and the crime object and so on , proposed that individual views to these questions, by the time can solve the applicable of justice about the crime of corruption in the judicial practice .
Key Words:Crime of corruption , Used his position to, public property, Country staff ,