Study On The Protection Interests Of The Crime Of Corruption And Its Specific Application

The interest in the protection of the crime of embezzlement is the substantial basis for the evaluation of the corruption by the criminal law.The study of the crime of corruption depends on the analysis of the infringement of legal interest(object)by the crime of corruption.This article through the analysis of the legislation of corruption and separated model(corruption and bribery stipulated respectively)and the integration of the legislative model,it is concluded that corruption property protection benefit is the fact that dominate or of public property rights implementation possibility,corruption and decided to set up the crime and the crime amount,reflect corruption behavior violate the interests of the state legal person property social harmfulness,and adapt to the current corruption constitutive requirements and standards and criterions for the conviction of guiding judicial applicable constitutive requirements,the punishment of corruption crime.At the same time,the essence of integrity belongs to the code of conduct rather than illegal benefits,and the essence of integrity is reflected in the main identity of the national staff and the convenience of the use of position.Adhering to the theory of property law benefits can not only coordinate the relationship between the crime of embezzlement and property crimes such as theft and fraud,but also fully reflect the social harm of corruption.It can also find an accurate benchmark for the judgment of corruption cases,and reflect the principle of legality and the original intention of the crime of corruption set by the criminal law.In addition,the boundary between the crime of corruption and the crime of accepting bribes lies in that the crime of corruption is the "perverting the law to get money" in the internal relationship between the state and the state personnel,the crime of accepting bribes is the "power and money transaction" in the external relationship between the state and the citizens,and the essence of the crime of accepting bribes is a duty crime.Finally,according to article 93 of the criminal law,the scope of state functionaries is limited to "purely state functionaries" and "quasi-state functionaries" and "other persons engaged in public service in accordance with the law".Through the definition of the legal interests of the crime of corruption and the scope of state functionaries,it can provide a theoretical basis for the corruption cases encountered in our judicial practice.