| Since ancient times, punishment of crimes of corruption are the focus of those in power, all of the provisions of the crime of corruption occupy considerable space in every dynasty's criminal law. Corruption not only violated the national collective of public property, but also violated the duties of the national integrity of public officials. Once the people who control state power corrupts will cause great instability in society, and even death of the party perished. So the anti-corruption work should not slack off. Currently, more and more news have burst that the downfall of several high-ranking officials because of corruption, these phenomena not only let us bitter, but we should pay attention and reflection, a single ideological education is not enough, we should deal with the problem from the institutional and legislative. Now, the development of social and economic life of China since reform and opening, the deepening of the socialist market economic system and improve, more and more new things to enter the market as the market factors, to obtain benefits into our lives. Compared with this, national legislation is lagging behind the pace of development of society. Therefore, in reality, according to law of these existing in vacuum place, part of the state personnel will took aim at these have not been legislation for corruption crime specified object emerging things, such as copyright, credit, and other forms of mixed economy and so on. Thus, in judicial practice, when it comes to a similar question, will cause some controversy, the academic discussion of these issues are also heating and opinion varies, but, through careful look can also be found some common rules that meet the basic values and legislative purpose. The writer tries to analyze the basic problem of corruption crime objects, focusing on some of the typical object-incrimination discrimination, to reveal the corruption target of a crime legislation in the abuses and propose legislative suggestions, hoping to give attention to the problem better ideas of the role of researchers.In this general idea, the paper is divided into three parts to write. The first part is the study of the criminal object of embezzlement several basic problems, namely, the concept of aspect of crimes of embezzlement, corruption, meaning, and legislative history. In the part of the concept of aspect of crimes of embezzlement, focusing on analysising the public property, he shall surrender the public gift, property unit and insurance of the four objects of the criminal law three hundred and eighty second, three hundred ninety-four, two hundred seventy-one, one hundred eighty-three, in order to identify the object crime, corruption should be public and private property ownership of property, not only refers to public property in the traditional view. The second part is about the corruption conviction of certain crimes object discrimination problems. While I hope that the fullest possible discussion of selected objects for analysis, but limited by space and the author of the reading range and level of restrictions, in this select only a few typical and in the current judicial practice and academia as both the object of controversy discussed, including intangible property, real estate, contraband and illegal goods and mixed property crime can become the problem of the object of corruption. The third part is based on the first two parts of the analysis, and learn from China Taiwan, Hong Kong the provisions of this legislation, that to point the deficiencies of the object of criminal corruption in legislation, then make legislative suggestions to be perfect for our country punishment corruption, fighting corruption crime work and contribute their modest means. |
PDF Full Text Request