First, corruption.
The subject of the crime of corruption is a special subject, that is, it must be a state functionary. According to Article 93 of the Law, the so-called state functionaries refer to those who are engaged in public affairs in state organs. Personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations, personnel engaged in public service in non-state-owned companies, institutions and social organizations appointed by state organs, state-owned companies, enterprises and institutions, and other personnel engaged in public service according to law are regarded as state staff. In addition, according to the provisions of the second paragraph of this article, personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage and operate state-owned property may also become the subject of corruption. Ordinary citizens who do not have the above-mentioned special status collude with the above-mentioned personnel to commit corruption, and shall be punished as criminals of corruption.
Second, the subjective aspect of the crime of corruption.
Subjectively, the crime of corruption must come from direct intention and has the purpose of illegally occupying public property. Negligence does not constitute corruption. The concrete content of its intention is that the actor knows that the behavior he takes advantage of his position will lead to the illegal possession of public * * * (state-owned) property or property of non-state-owned units, and hopes that this result will happen. The purpose of this crime is to illegally possess public (state-owned) property or property of non-state-owned units. The purpose of illegal possession of public * * * (state-owned) property or property of non-state-owned units can be that the actor attempts to take public * * * (state-owned) property or property of non-state-owned units for himself permanently, or that the actor hopes to illegally obtain public * * * (state-owned) property or property of non-state-owned units and then transfer it to others. In addition, the crime of corruption does not take specific criminal motives as its subjective elements. As long as the actor deliberately takes advantage of his position and illegally occupies the property of public * * * (state-owned) or non-state-owned units, no matter what the motive, it can constitute the crime of corruption.
Third, the object of corruption and infringement.
Complex objects not only infringe on the ownership of public property, but also infringe on the normal activities of state organs, state-owned enterprises and institutions and the integrity of their posts, but mainly infringe on the integrity of their posts. In state-owned companies and enterprises, people with the status of state staff embezzle the property of the company and enterprise, which of course belongs to the ownership of public property. In Sino-foreign joint ventures and Sino-foreign cooperative enterprises, joint-stock companies and enterprises, most Chinese and state-owned assets occupy a controlling or leading position, and their property can still be regarded as public property. Even if they do not dominate and control, part of the property still belongs to public property. Therefore, it is still a crime of infringing on public property for a person with the status of a state functionary to embezzle the property of the above-mentioned companies and enterprises by taking advantage of his position.
Fourth, the objective aspect of the crime of corruption.
It is manifested in the act of embezzling, stealing, defrauding or illegally occupying public property by other means by taking advantage of his position. This is an important feature that distinguishes the crime of corruption from crimes against property such as theft, fraud and robbery.
The so-called taking advantage of his position means that the actor uses his authority to take charge of, handle and manage public property within the scope of his duties, and illegally occupies public property under the guise of performing his duties, instead of taking advantage of some convenience brought by his working relationship or subject identity, such as being familiar with the criminal environment because of his working relationship, and going in and out of some organs and units by virtue of his staff status. The so-called supervisor refers to the power to allocate, transfer, use or otherwise control public property, such as the power of the factory director and manager to control public property within the enterprise within a certain range; The so-called handling refers to having the authority to collect and spend money and other things through his position; Management refers to the power to guard or keep public property, such as accountants, cashiers and shopkeepers. If the actor takes advantage of the convenience of taking charge, handling and managing public property, it can constitute the crime of corruption.