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Research on Criminal Targets Corruption

Author: ZhangYuanJia
Tutor: MaJiaFu
School: Southwest University of Political Science
Course: Legal
Keywords: the crime of corruption crime target the public property real estate
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 83
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Abstract

Corruption is not only a violation of public property ownership, but also undermines the integrity of state bureaucracies image and credibility, therefore, corruption has always been to prevent and crack down on key national targets. In recent years, as China’s social and economic development, the means and objects of corruption crime have changed, in particular corruption crimes objects showing diverse trends. However, because China’s current Criminal Code the crime of corruption has made only a general object of crime provisions in the emerging reality of public servants and occupation of real estate, intangible assets and contraband such as criminal offenses have not been clearly defined targets, the judicial practice and theory Previous to this there is lot of controversies. This use of a case by case analysis in the form of the systematic corruption of the sort of crime objects, and real estate, intangible property, contraband, and other special objects to undertake a study of crime.Paper is divided into six majority, a total of about 16,000 words.Part I:cause of action. That is the case of Zhang occupied housing units.Part II: the case. This section describes the process of Zhang occupied housing units.Part III: the focus of the case. Focus on the case the question is: Can real estate be the object of criminal corruption.Part IV: a focus of controversy and disagreement. This section lists the first controversy of this case point of view and why.Part V: Legal Analysis. That part of the first of China’s current criminal law has clearly defined four kinds of crime, corruption and sorted and analyzed objects: first, identification of public property. First, China’s Criminal Law Article 382, paragraph 1, "public property" and the provisions of article 91 of the Criminal Code "public property" to distinguish between the relationship and pointed out that at present there is no right of "public property" to make any legislative interpretation or judicial interpretation of the situation, the article 91 of the Criminal Code on "public property" as a recognized legislative interpretation of "public property" of the legal basis is the most practical and appropriate way; second, the unit of property determination. In this unit on the basis of classification of the property, its as crime, corruption had demonstrated the necessity of the object, noting that the property identified in this unit to distinguish the nature of units; and third, identification of gifts. In the meaning and the law on the distinction between gifts and gift, and gives as a gift the object of crime corruption identification standards; Fourth, the insurance identification. First, classification of insurance payments, and again based on the property insurance premium compared with the unit.Went on to real estate, intangible property, contraband, illegal property crime, four kinds of object-specific analysis: First, real estate. First, summarizes and analyzes the real estate as a corruption of crime for the object of several viewpoints, and then demonstrated through a case of real property included in the crime of corruption should be the object of crime need to; second, the intangible assets classified as intangible items of value, intellectual achievements , trade secret three kinds of patterns, and were the object of their crime as a crime of corruption, and identified the need for standards of proof; and third, contraband. In bringing contraband into the relative and absolute contraband contraband, based on a theoretical summary analysis of the contraband goods, as the object of crime corruption controversy and differences. Fourth, the illegal property. First, analyzes and summarizes the theory for the crime of illegal property crime, corruption and the object as a variety of perspectives, and from the normative acts of public officials duties integrity point of view as an argument illegal property crime, corruption objects necessary.Part VI: Conclusion. Zhang occupied units in the property acts not only violated the property rights of state-owned institutions, and the official conduct of public officials undermines the integrity of, convicted of corruption should be punished.

Research on Criminal Targets Corruption

Abstract

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