On The Identification And Punishment Of Corruption Offenses

The crime of corruption,committed by state officials by taking advantage of their duties, is of severe social harm fullness.This thesis focuses its attention on the crime of corruption and discusses exhaustively its legislative development and its guiding of different period since the establishment of the People's Republic of China. This paper covers the following items of the crime of corruption: the definiens of corruption crime and the legislative evolution, the subject of corruption, the joint offender, conviction and its limits, legal sentence of corruption crime and legislative suggestions. Meanwhile, some focal points of the academic circle concerning the crime of corruption is interpreted, such as the definiens of corruption crime, conviction of the accomplice, means of calculating criminal amounts. Comparing the advantages and disadvantages of the different, academic points of view. It is there fore necessary to redefine the crime, the act of corruption in a narrow and in broad sense. The author proposes that the criminal liability of the accomplice should be investigated under the principle of joint taking the liability, while distinguishing their respective degrees of taking the liability so as to determine their criminal liability deserving of taking. Corruption crime's legal sentence breaks the three basic principles of the Criminal Law of PRC in nature, i. e. principle of a legally prescribed punishment for a specified crime; principle of suiting responsibility, punishment to crime; principle of equality before the law. As other problems also exists, such as improper setup of supple mentary punishment including pecuniary penalty and forfeiture punishment and so on, the corresponding legislative suggestions are put forward, such as making the dividing sentencing grade of the corruption crime more legalized,decided and equalized.