Some Legal Problems In Corruption

Corruption is an ancient phenomenon. From the new China was founded, our party and the state of embezzlement and bribery crime punishment and prevention has been attached great importance to, not only enacted various laws, regulations and authorized"projects" in combination with judicial practice, but also introduced the corresponding judicial interpretation to guide practice. Although a lot of work which is a certain extent on academic classes for corruption and bribery crime make up for the deficiency of the legislation, but corruption and bribery crime belongs to the economic crime,that is associated with social and economic development presents the diversified development.Since the eighteenth congress, it is not clear for judicial organs faced with illegal and disciplinary boundaries in the investigation of corruption and bribery cases. That is difficult to judge the situation,the crime or not, which has brought judiciary case problem.In order to adapt to recognize the crime accurately for needing of new situation and the applicable law correctly, it is necessity to perspective of embezzlement and bribery in-depth discussion for undertaking the corruption case of judicial investigators to provide specific guidance. In addition to the introduction, there are four main sections.The first part is about the case and dispute over the alleged corruption. Tian mou is involved in a case that the writer has personally dealt with the case of embezzlement. In the case, tian mou took a seemingly overt approach to encroach public property. There are differences between the prosecutors and the disciplinary committee on whether tian's actions constitute corruption, and the court's decision is the form of corruption. In this case, several basic legal problems need to be solved, including the criminal form of embezzlement, the motive of crime and the purpose of the sentence, and the orientation of sentence.The second part is the analysis of the crime of corruption. Intentional crime can be divided into direct intent and indirect intent, it is generally believed that corruption belongs to the typical direct intentional crime, in practice, part of the embezzlement crime in special circumstances are converted to the possibility of corruption, whether there is a direct include indirect intentional corruption in need concrete analysis combining with the case.The third part is the discussion of the motive and purpose of the crime of corruption.Crime motive and purpose are the components of crime, and there are differences and connections between them, under certain conditions there is also the possibility of mutual transformation, crime motive activity focuses on the behavior person causes or inner thoughts, committing crimes and criminal purpose is to point to achieve the desired results. The author thinks that understanding of corruption crime motive and purpose should be combined with the case, not mechanical copy law, from the subjective vicious and behavior for the harm of the whole society to define.The fourth part is a reflection on the light punishment of corruption. Light punishment, the starting point is based on the maintenance and safeguard human rights,in our present stage is too early to the mitigation of punishment instead of serving. In recent years, the judicial trial, class of corruption crime sentencing has appeared a trend of light punishment, to cause some potential corruption part can exchange term for the illusion of money, so we need to increase at the legislative level of corruption crime of legislative interpretation, with good discretion in the judicial practice to crack down on such crimes.