国家工作人员“低买高卖”行为之法律定性——以张某 刘某贪污案为例word格式论文.docxVIP

AbstractNot only does the crime of corruption violate the ownership of public properties, but also jeopardizes the incorruptibility and honesty of functionaries in the state organ, causing major damages for the Party, the nation and the people, thus making it the key punitive target of the criminal laws. Since the 18th National Congress of the Communist Party of China (CPC), with the Party and government’s growing dynamism and determination to reinforce the anti-corruption measures, we ought to devote more efforts to the theoretical and practice research into corruption, anticipating it having a positive influence on the judicial practice.Based on a real case, the author of this paper defines and studies duties and duty convenience regarding corruption, attempting to differentiate taking advantage of duties from that of jobs in a better way; by analyzing the behavioral patterns of embezzling, cheating and stealing respectively, the paper tries to correctly grasp the mode of execution of corrupt practices and the corresponding effective objects; for the purpose of better deciding whether common properties suffer losses, the author also regards common properties from both the static and dynamic perspectives.The whole paper, about 24,000 words, is divided into four parts.Part one: the fundamentals of the case. This part mainly covers the introduction of this specific case, the display of the different viewpoints of the different parties, such as the procuratorial organ, the court of first instance, the court of second instance and the defendant, so as to sort out the focus of controversy in the case.Part two: the legal principle analysis. By associating the details of the case with its focus of controversy, this part illuminates the node problems as the following one by one: the convenience of duties, the behavioral patterns of corruption and how to decide whether common properties suffer losses.Part three: the conclusion of the case study. The comprehensive analysis o