论受委托型贪污罪-刑法学专业论文.docxVIP

The The Entrusted type crime of Corruption Academic Field：Law(Criminal Law) Postgraduate：Fanghang Shao Supervisor：Prof．Jiyao Tang Abstract：Since ancient times，whether nationally and abroad，corruption，are widespread．The crime of Corruption iS traditional criminal 1aw offenses in China．it bom out of the crime of Embezzlement，and early than the crime of Official Embezzlement．As of the main ways to protect the integrity public property and the inviolability of official conduct maintenance，it plays an important role for the countrys governance．With the ever-changing economic environment，the ways of operation and management of state property are also diverse．In practice has occurred the situation that the State—owned Units with contracting，leasing approach and other ways to entrusted the management rights of state property to non—national staff．At the same time，because of the lack of legal terms and conditions to match，some state property were occupied by criminals who are reluctant to property,and this caused the loss of state property in a certain degree．Thus in 1 997 when the new Criminal Law revised，we added the Entrusted type crime of Corruption on the basis of the original crime of Corruption．As an emerging fiction provisions，it’S both the same with the general crime of Corruption based on the article 3 83 of Criminal Law to sentence，but also in the constituent elements have different from the the original crime of Corruption．Its purpose is to constraint and supervise to the entrusting of the management of state propertNand give the illegal perpetrator with guilt considerable criminal penalties．HoweveL due to the uncertainty of the law and the judicial interpretation，there have been many differences and disputes at identified the crime in judicial practice，this have affected the fair and impartial administration ofjustice on trial． This paper started from the legislative origins of the Entrusted type crime of Corruption，ascertain the reason of the legislation and p