The Interpretation of the Supreme People's Court on How to Identify * * * as a Crime in the Trial of Corruption and Duty Crimes is to try corruption and duty crimes according to law. How to identify * * * as a crime in such cases is explained as follows: Article 1 Where an actor colludes with a state functionary, takes advantage of his position, embezzles, steals, swindles or illegally occupies public property by other means, it shall be recognized as a crime of corruption. Article 2 An actor colludes with the personnel of a company, enterprise or other unit and takes advantage of the position of the personnel of the company, enterprise or other unit to illegally take the property of the unit for himself. If the amount is relatively large, it shall be punished as the crime of occupation. Article 3 In companies, enterprises or other units, persons who do not have the status of state functionaries collude with state functionaries and take advantage of their positions to illegally take the property of their own units, and shall be convicted and punished according to the criminal nature of the principal offender.
Legal objectivity:
Judicial Interpretation Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases (II) Article 84 [Duty Crimes (Paragraph 1 of Article 271 of the Criminal Law)] Personnel of companies, enterprises or other units who take advantage of their positions and illegally occupy the property of their own units shall file a case for prosecution. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery Article 11 The starting point of the amount of "large amount" and "huge amount" in the crime of accepting bribes by non-state staff as stipulated in Article 163 of the Criminal Law and the crime of embezzlement by taking advantage of duty as stipulated in Article 271 shall be two times and five times the corresponding amount standard as stipulated in this interpretation. The starting point of the amount of "large amount", "huge amount" and "engaging in illegal activities" in the crime of misappropriating funds stipulated in Article 272 of the Criminal Law shall be twice the amount standard of "large amount", "serious circumstances" and "engaging in illegal activities" in this interpretation. The starting point of the amount of "large amount" and "huge amount" in the crime of bribing non-state staff as stipulated in the first paragraph of Article 164 of the Criminal Law shall be twice the amount standard as stipulated in the first paragraph of Article 7 and Article 8 of this Interpretation.