A Study On Some Problems In The Practice Of Corruption

Corruption crime is a national staff, one of the major form of corruption is a serious violation of national public servants duty behavior crime of integrity. Therefore, corruption crime has always hated for people, it is also one of the object of our country criminal law key attack. Despite the 1997 criminal law crime of corruption in China is more specific provision, on many aspects of corruption crime in judicial interpretation has made relevant provisions, but due to the relative lag of legislation, limitations, and our country social economy is in a stage of rapid development, department and position of further refinement, specific areas of north and south, eastern and western environment and the different development degree of the influence of various factors such as, led to the regional economic development show significant differences, the gap between rich and poor phenomenon is more prominent. Therefore, led to some civil servants of the spread of corruption phenomena and some unhealthy tendencies, cause social conflicts and contradictions also become more intense.State functionaries of corruption phenomenon is the historical factors and social influences, and many other problems of common cause, its behavior represents the country, representing the interests of the people, if improper handling of corruption behavior, will eventually cause serious social anomie. In the face of the judicial practice growing state functionaries in corrupt practices the complexity of the new situation, how to correct the legal responsibility of corrupt officials investigated, is must face and solve problems. Therefore, this article probes into several problems in corruption in-depth research analysis, so as to punishment of corruption in the judicial practice in China to provide some theoretical support and reference to solve practical problems.In this paper, by case analysis form the crime of corruption related to the difficult problems were analyzed. The first part mainly introduces the related case, the court judgment, and put forward the focus of controversy of the case; the second part is the focus of controversy in the first part of the perspective to analyze. Mainly includes what is "appointed" state personnel and how to accurately identify the State functionaries, embezzlement accomplished crime and attempted crime form, corruption and crime sentencing and other issues; the third part is based on the case studies and legal analysis leads to the conclusion and suggestions for improvement. Include to improve the criminal subject of embezzlement provisions, corruption, the provisions of the accomplished and attempted crime cognizance standard and embezzlement amount and the plot.