贪污罪定义辨析

目前刑法学界对贪污罪的定义均未全面而恰当地概括我国刑法规定的贪污罪情况 ,有必要对贪污罪的定义重新予以认识。狭义贪污罪定义应当是 :国家工作人员利用职务上的便利 ,侵吞、窃取、骗取或者以其他手段非法占有数额较大的公共财物的行为。广义贪污罪就是指国家工作人员及其他管理、经营国有财产的人员 ,利用职务上的便利 ,非法占有所在单位的公共财物或其他财物或者依法应当交公的礼物 ,数额较大的行为。

Discriminating and Analyzing the Definition of Corruption Crime

None of the existing definitions of corruption crime in the Chinese criminal academic circle covers all situations of corruption described in Criminal Law, it is therefore necessary to redefine the crime. From the point of view of the author, the act of corruption in a narrow sense should be an act that "any state functionary who, by taking advantage of his duty, appropriates, steals, or swindles a relatively large amount of public property, or by other means illegally take the property into his own possession"; while in broad sense, the corruption is considered as the act that "any state functionary and other person who administers and manages state-owned property, by taking advantage of his duty, illegally takes a relatively large amount of public property and other property of his organization or gifts that should be submitted to the state according to regulations into his own possession.