| This article is divided into four parts: the study of the subjects of the crime of corruption; the definition of its objective aspects; the difference between corruption and some similar work-related crimes; the study of its penalty.As for the first part, on the basis of the legal definition and judicatory explanation, the author explains why he put forward that the subjects of the crime of corruption should be narrowed. At the end of this part, the author gives his own idea of the spectrum of the subjects.The second part includes: the establishment of the criminal means, the amount of money obtained from the corruption, objects of the crime and the definition of attempted corruption. As for the establishment of the means, the author lay emphasis on how to understand "other means" :first is about its criterion, then the author brings forward some criminal methods that do not fall into the spectrum of the above mentioned "other means" ; the author expound the question of the amount of money obtained from the corruption through three aspects: starting point, the amount of joint offense, the establishment of the amount when criminal objects are different. At first, the author explains the meaning of the lowest level of 5, 000RMB. Then, he lists and analysis current academic opinions on how to calculate the corruptive amount in the case of joint offense. In the end, the author states that "the total amount theory" is most feasible and true to legal regulations, and to resolve the practical problems, we can use the judicatory explanation on larceny as references. How to establish the criminal amount when objects are different? The author analysis it in two ways: how to calculate the value of the corrupted goods and the gifts the civil servants accept in carrying out their duties and foreign affairs, which were supposed to be turned in. Through analyzing domestic and overseas legal prescriptions and the modestly curb principle of criminal law, the author draws a conclusion that the object of the corruption crime should be limited to public properties. Then how to define public properties in the condition of the mixed economic forms ? At first the author analyzes some opinions, then expounds we should define the nature of the property according to its share of holdings or investment ratios accounting for over 50% of the whole assets. As for the dispute over whether there exists unaccomplished form in the corruption crime, the author adopts the affirmed attitude, because all crimes prescribed in our criminal law exits unaccomplished form and the corruption crime is no exception. As regards the standard for the differentiating of accomplishment form and non-accomplishment form, hestates that the "controlling theory" is feasible and tally with lawmaking spirit. Besides, the author stresses that to usurp on public-owned estates and in fact put the estates under control can be deemed as the accomplished offense even though the private property right certificate has not been transacted.In the third part, the author points out, to certain extent, all the embezzlement taking place in state-owned enterprises and corporations can fall into the category of the crime of the misuse of authority by state-owned enterprises' staffs , which was prescribed in the 1997 criminal code. In this part, using specific cases as illuminations, the author defines and differentiates the crime of the misuse of authority by state-owned enterprises' staffs , the crime of corruption and the crime of illegally seeking profits for relatives .In the last part, at first, the author touches upon the problems in the punishment of the corruption crime, including its violation of the basic principles of the civil law. Then the author put forward two suggestions: first is to limit the grades of penalty so as to make them more definite, maneuverable and balanced, second is to enhance the judicatory explanation of the amount of money obtaining from the corruption, and to form the idea that the penalty for the crimes committing by taking advantage of one' s position should be severer than the same crimes without that advantage. |
