Corruption And Abuse Of Judicial Cognizance

Because of the complexity of the statutory provisions, when describe the body of the crime, the behavior way, the purpose of the crime and so on,many charges of crimes have the same or similar expression, in all aspects of the crime constitution.According to the relevant judicial interpretations, the main body of malfeasance national office working personnel are included in the corruption in the main body of the state functionaries, make the body of the two crimes there is overlap, at the same time,the two crimes, there are similarities, such as behavior means and methods of the offender in behavior,violate the legal interests and other various aspects.Some main body's duty behavior, on the surface not only conforms to the characteristics of the power abuses crime, and conforms to the characteristics of the corruption, resulting in distinguishing difficult in practice.It should be carefully distinguish between corruption and abuse of power of the behavior characteristic in practice, and combining with the actor's subjective aspect and so do the other factors, adhere to the subjective and objective unification, in order to accurately distinguish between this crime and that crime, and whether it's a crime or not a crime.This paper introduces a practical case of corruption and abuse of judicial cognizance of the difficult problems in detail discusses, in my own research conclusions and enlightenment.Besides preface and epilogue, this article is divided into four parts.The first part of this paper briefly introduces the basic situation of the case, according to the disputes mainly summed up the focuses of dispute about the case.The second part around the focuses of dispute about the related problems of legal analysis.Focuses on three questions:Firstly, discusses by taking advantage of his office.In the studied by taking advantage of his own meaning, on with the work, the behavior of abuse of power.Secondly, the concept of "the purpose of illegal possession" and the judicial practice how to decide whether the offender has the purpose of illegal possession is discussed.Third, the use of illicit money not the legal constitutive requirements of offence of corruption, according to the relevant judicial interpretations, corruption in the card account is erased, public property ownership transfer occurs can be determined to be accomplished. The use of illicit money not affect corruption conviction. The use of illicit money only deal with the issue of crime proceeds.The third part is the analysis and conclusion to the case.First is legal analysis, in the case should be how to deal with your own opinion.In the thought the behavior person should with corruption conviction.The fourth part is through the analysis of the case finally came to a revelation.