A Study On The "Use Of Duty" In The Crime Of Corruption

The offence of corruption is a type of serious crime in economy. At present, there is a different understanding of existing laws, legislative interpretation and judicial interpretation between the theory and practice, as the ambiguity of determination criteria of crime in national civil service, which leaded a dispute of determination on offence of corruption.This article is based on a true case study. Firstly, there will be a brief description of the case in section one, then in section two, the two conflict views in the actual trial will be stated followed by pointing out the focus of dispute which should be considered that whether the crime matched the definition of “taking advantage of one’s position”.In section three, there will be a discussion of “taking advantage of one’s position” on offence of corruption which included definition, interpretation and form to clear criteria in these types of cases. Moreover, comparing and analyzing “taking advantage of one’s position” and “taking advantage of one’s work” to clear criteria of “taking advantage of one’s position”, and lead to match the punishment to the offence.Fourthly, reviewing and analyzing the case further, and get summary.At last, several basic problems on current offence of corruption will be pointed out and the solution will be given, conclude in accelerating the legislation progress and switching the judicial ideological system.In the business field, we should understand the implications of “taking advantage of one’s position” carefully. Too loose may lead Indulgence, but too strict may lead wrong adjudications, and cause negative impact on economic development. Grasping the fundamental content and spirit essence of “taking advantage of one’s position”, it will enable us to control crime and promoting the rule of law.