| State personnel leaving the subject property is a specific offence,an action,or comprises a plurality of types of behaviour?With the problem,based on the analysis of therelevant provisions of the law,the experts and scholars point of departure,clear thesis.Through to the domestic and foreign about the state personnel leaving the property provisions by combing,more comprehensive clear presentation of our country for the historical development vein of left state personnel by wealth behavior conviction to the readers.In Japan,South Korea as the representative of the Asian countries on the turnover functionary by property analysis to American conviction,and as a representative of the European and American countries about the turnover functionary by wealth conviction,unifies our country before and after the founding of PRC national staff turnover by the provisions of the law of property,proposed in view of the characteristics of China’s the corresponding property behavior by judicial decision method.Among them,through the analysis of academic circles on the post of bribery,bribery afterwards main ideas,draw the post of bribery mainly solves the problem of bribery afterwards behavior patterns,mainly from the angle of theory for the acts constitute a crime according to why seek,based on the proposed distinction between accepting and cable two kinds of circumstances,to divide the types of job turnover state the staff affected by the property of behavior,namely post cash,post reward type and position of mediation by property type and other types of behavior does not belong to the first three,according to the different behavior in the existing criminal law provisions,the relevant judicial interpretation according to on crime and non crime,this crime and that crime to distinguish were described in this paper.To provide a reference for the judicial organ to solve the problem of conviction state personnel leaving the subject property behavior. |
