On The Special Object Of Corruption Crime

Corruption crime in recent years the increasingly expanding the anti-corruption work to an unprecedented height,in the judicial practice also faces many realistic difficult problem,the traditional criminal law theory lags behind the practice of new crime has brought the cognizance of corruption crime problems related to certain challenges.Based on the special object of corruption is the main line,combining with different academic school its views through the list of cases to analyze all kinds of special objects one by one,and the controversial views and new research questions proposed own view.This paper from the basic problem of corruption crime object,the preliminary analysis to the concept of object and content,and beneficial for Angle follower static two aspects to discuss the correlation between objects,thus leads to special objects of rationality and necessity for special object recognition.The author tried to practice in the high frequency of special objects are classified,and ingenuity to academic circles "expected benefits" whether can be used as new problems combining with the specific situation of special object of embezzlement.By analyzing the different positions of traditional criminal law and the current academic circles,the author analyzes whether the different types of property can become eligible objects and tries to put forward a preliminary identification standard.Traditional criminal law theory is that the object of corruption is limited to public property,but the author thinks in terms of its complex object,including the "state personnel’s duty behavior integrity" and "public property ownership" two aspects.The overall innovation of the article lies in the analysis of whether the expected benefits of various forms can become the object of this crime in practice,which is also the most easily overlooked blind spot in practice.The author collected from typical case analysis of new type of crime object,whether different forms of property can be used as object,other interests,expected benefits,including the private property and the special property of circulation of which is prohibited by the law,etc.And that should extend existing theory to the explanation of the "public property" framed alone cannot be the object in the "public property" of the nature of this concept,should the property interests and some nature of private property into the corruption of the object of the question.Full text from the theory to the judicial practice to apply to the specific case of old and new theory,the integrated use of case analysis and literature induction method for all kinds of special property can become this crime criminal object for further research.Break the traditional "public property" in the theory of limit and the objects include to the special form of property not only helps to improve our standard of corruption,and make the objective requirement of the law benefit to get maximum protection.