Corruption is the national staff use of his position to embezzle, steal, swindle or illegal possession of public property by other means.
Constitute the crime of corruption should have the following conditions
1, the subject of a crime must be a national staff. State organs engaged in official business, the exercise of certain powers in the state organs, administrative organs, judicial organs and military organs, perform certain duties of the personnel. The state-owned companies, enterprises, institutions, people’s organizations engaged in official business and state organs, state-owned companies, enterprises, institutions are assigned to non-state-owned companies, enterprises, institutions, social organizations engaged in official business, and engaged in official business in accordance with the law On the staff to national staff.
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2, violations of public property, the so-called public property is state property, the working masses collectively owned property and for social contributions, or property of special funds for poverty alleviation and other public welfare undertakings.
3, the subjective aspect of a crime intentionally.
4, acts mainly on the behavior to take advantage of their positions to embezzle, steal, swindle or other illegal means to occupy public property. “To facilitate the use of his position” refers to the use of power and status within the scope of their duties and the formation supervisor, management, handling the convenience of the public property.
What is the misappropriation, theft, fraud, and other means
“Misappropriation” refers to the use of his position to facilitate its authority, management handled public property illegally as their own behavior.
“Steal”, refers to the use of his position to facilitate obtained secretly, under its authority, management handled public property accounted for the existing behavior.
“Cheating” is using his position to facilitate the use of deception, and illegal possession of the behavior of public property.
“Other means” refers to embezzle, steal, swindle, other than using his position to facilitate the illegal possession of means of public property.
Be held criminally responsible by state organs, state-owned companies, enterprises, institutions, people’s organizations, delegated administration, management personnel of state-owned property, using his position to embezzle, steal, defraud or other illegal means to occupy state-owned property on corruption charges .
“Entrusted” refers to state organs, state-owned companies, enterprises, institutions, people’s organizations to manage, operate state-owned property without the identity of the national staff personnel, as well as state organs, state-owned companies, enterprises, institutions, people’s organizations assigned to non-state-owned companies, enterprises, institutions, social organizations in the management of state property, but does not have the status of personnel of national staff. Because of commissioned its national staff has the same illegal possession of management, the convenience of the operation of state-owned property, has the same harmful to society, so their behavior should be punished as a crime of corruption. And national staff or by the state organs, state-owned companies, enterprises, institutions, people’s organizations commissioned by management, staff colluded with the operation of state-owned property, together with corruption, corruption accomplice in the crime punished. Engaged in official business of state-owned companies, enterprises or other state-owned units and state-owned companies, enterprises or other state-owned units assigned to non-state-owned companies, enterprises and other non-state units engaged in official business use of his position to facilitate the illegal occupation of this unit of property for himself, a relatively large amount of corruption charges, convicted and punished. National staff to accept gifts in the domestic public service activities or contacts with foreign countries, should pay the public in accordance with national regulations without pay public, a relatively large amount of corruption charges, convicted and punished.