Research On The Knotty Problems Of The Object Of Corruption Crime

The crime of corruption is a kind of corrupt behavior of the state functionary who take advantage of his position to seek personal benefits.It is extremely harmful to the political,economic,cultural and social system of a country.With the process of globalization and the rapid development of China’s economy,corruption in China presents a variety of complex forms.Among them,the diversified and complicated forms of the object of corruption crime are its typical manifestations,which undoubtedly brings great challenges to the identification of the object of corruption crime.In order to accurately identify the crime of corruption,we must face up to the challenge and try to solve the problems caused by the identification of the object of the crime.Therefore,the relevant discussion is of great importance.This paper is an attempt to explore the subject of "the problem of the object of corruption crime".This paper is divided into three parts:In the first part,the foundation of problem research is explored.The first is the definition of the basic concept of "object of crime".On the basis of analyzing related viewpoints,the article puts forward a precise definition of the object of crime: "the so-called object of crime refers to the person or thing that is affected or acted upon by the criminal act and directly reflects the content of the object of crime protected by the criminal law.After defining the concept of the object of crime,this paper further analyzes the characteristics of the object of crime.Secondly,through the application of the general concept of the object of crime,on the basis of explaining the specific content of the object of the crime of corruption,the object of the crime of corruption is defined again.Thirdly,the article thinks that the object of the crime of corruption in our country should be divided into two categories: one is the object of the crime stipulated in the current criminal law;Second,the current criminal law does not expressly stipulate the object of crime.The second part discusses the identification of the object of the crime of embezzlement as stipulated in the criminal law of our country.This paper makes adetailed and in-depth analysis of the objects of the crime of corruption explicitly stipulated in the criminal law of our country and demonstrates in detail how to identify these objects in judicial practice.In this paper,"public property" is divided into "state-owned property","property owned by the collective of the working masses","property donated by the society or special fund for poverty alleviation and other public welfare undertakings" and "private property with public property",and the options included are analyzed in detail.The third part discusses the identification of the special object of the crime of corruption.This paper first analyzes the reasons for paying special attention to the identification of special objects of the crime of corruption,and then makes an in-depth discussion on the identification of several special objects of the crime of corruption.The paper holds that the material carrier of the intangible technological achievements rather than the intangible technological achievements themselves can be identified as the object of the crime of corruption.Immovable property should also be a form of property that can be the object of the crime of corruption.It is reasonable to identify the contraband as the object of the crime of corruption.By taking advantage of his position,the state functionary’s illegal appropriation of the stolen goods will also infringe on the object of the crime of corruption,so the stolen goods can also become the object of the crime of corruption;Creditor’s right and real right belong to the category of "property" in a broad sense,possessing and claiming creditor’s right is essentially the possession of property,so claiming creditor’s right can also be identified.