Analysis On The Nature Of State Functionary’s Act Of Taking Advantage Of Delimotion Information For Private Benefit

Urban development in China have been changing with each passing day, and transformation of villages in city have been performed every day in the whole country. Crimes in land acquisition and demolition are gradually increasing with rising of land value. It is particular common that state functionaries abuse duty by colluding businessmen. In judicial practice, however, there exist disputes over the nature of state functionary’s act of taking advantage of demolition for private benefit in land acquisition and demolition, which include crime of corruption, bribery crime, crime of abusing the power, etc. Based on the present law, strictly adhering to the principle of legality, the author conducts a research make an analysis of on Chen and Zhang’s case of taking advantage of demolition information for private benefits, aiming to settle the disputes over the nature of the act and provide reference opinions for the future judicial practice. This dissertation will comparatively analyze the definition of taking advantage of duty and ways to gain benefits in crime of corruption and bribery crime, and reveal the relation between the act and consequences of crime through analyzing the objective aspect of the constitution of crime of abusing the power.This dissertation contains the following four parts:First, a brief introduction of the case. The focus of controversy in this case is the use of national staff relocation information for personal gain qualitative behavior, major embezzlement, abuse of power crimes, guilty of several opinions.Second, analysis from jurisprudence perspective. which is the focus of this paper is divided into two parts. The first part, the author of two aspects: first, embezzlement and accepting bribes, "taking advantage of the position" a comparative analysis results in common: the use of his office to have had subjective, terms of the form of legitimacy and stability; personality: his official bribes of more than embezzlement, and using the same duties and the same raw destroy the relationship does not exist to facilitate their duties. Second, analysis of two different profit ways crime, corruption and crime must be a means "to cheat, steal, embezzlement and other illegal means, as well as behavior and illegal possession of public property before a direct causal relationship is analyzed; means for accepting bribes to change money is right, right money transactions.Third, analysis and conclusion of this case. Based on the present criminal law in China, the author presents the reasons that Chen and Zhang did not commit a crime in this case.Fourth, study revelation of this case. The author points out the problems caused by non-guilty judgment and proposes that state functionary’s act of taking advantage of demolition information for private benefit shall be brought into the assessment of the present criminal law.