Appendix: Chapter 3 Definition of Three Main Corruption Terms
Below is a translation of the definitions of bribery, embezzlement, and misuse of public funds, as defined in the 1999 Regulations Regarding Cases Investigated by the Procuratorate (关于民检察院直接受理案侦查案件案标准的规定). See Tables A3.1 and A3.2 for data on bribery and embezzlement, respectively.
| Year | Number of cases | Number of individuals | Number of large-sum cases | Percentage of large-sum cases | Number of high-rank cases | Percentage of high-rank cases |
|---|---|---|---|---|---|---|
| 1998 | 8,759 | 9,255 | 1,847 | 21 | 909 | 10 |
| 1999 | 8,192 | 8,606 | 2,552 | 31 | 983 | 11 |
| 2000 | 9,872 | 10,367 | 3,658 | 37 | 1,279 | 12 |
| 2001 | 10,347 | 10,785 | 4,248 | 41 | 1,378 | 13 |
| 2002 | 10,725 | 11,165 | 4,871 | 45 | 1,391 | 12 |
| 2003 | 10,553 | 10,922 | 5,424 | 51 | 1,378 | 13 |
| 2004 | 10,572 | 11,266 | 5,690 | 54 | 1,545 | 14 |
| 2005 | 10,446 | 11,225 | 3,610 | 58 | 1,527 | 14 |
| 2006 | 11,702 | 12,525 | 7,033 | 60 | 1,598 | 13 |
| 2007 | 12,226 | 13,191 | 8,045 | 66 | 1,650 | 13 |
| 2008 | 12,471 | 13,528 | 8,805 | 71 | 1,684 | 12 |
| 2009 | 12,897 | 14,253 | 9,875 | 77 | 1,755 | 12 |
| 2010 | 13,796 | 15,422 | 10,586 | 77 | 1,810 | 12 |
| 2011 | 13,915 | 15,685 | 10,927 | 79 | 1,682 | 11 |
| 2012 | 14,946 | 16,919 | 12,326 | 82 | 1,746 | 10 |
| 2013 | 15,940 | 18,101 | 13,395 | 84 | 1,867 | 10 |
| 2014 | 19,523 | 21,889 | 17,270 | 88 | 2,814 | 13 |
| 2015 | 19,402 | 21,427 | 17,435 | 90 | 3,145 | 15 |
| Year | Number of cases | Number of individuals | Number of large-sum cases | Percentage of large-sum cases | Number of high-rank cases | Percentage of high-rank cases |
|---|---|---|---|---|---|---|
| 1998 | 12,909 | 15,199 | 3,657 | 28 | 456 | 3 |
| 1999 | 14,372 | 16,737 | 5,173 | 36 | 570 | 3 |
| 2000 | 16,765 | 19,428 | 6,736 | 40 | 683 | 4 |
| 2001 | 16,362 | 18,718 | 6,932 | 42 | 696 | 4 |
| 2002 | 15,785 | 17,953 | 7,199 | 46 | 732 | 4 |
| 2003 | 14,161 | 16,162 | 7,191 | 51 | 632 | 4 |
| 2004 | 13,308 | 16,119 | 6,810 | 51 | 691 | 4 |
| 2005 | 11,792 | 15,005 | 6,133 | 52 | 591 | 4 |
| 2006 | 10,337 | 13,406 | 5,592 | 54 | 529 | 4 |
| 2007 | 9,956 | 13,529 | 5,866 | 59 | 462 | 3 |
| 2008 | 9,605 | 13,613 | 5,913 | 62 | 465 | 3 |
| 2009 | 8,865 | 13,294 | 5,730 | 65 | 397 | 3 |
| 2010 | 8,707 | 14,370 | 5,555 | 64 | 406 | 3 |
| 2011 | 8,475 | 14,366 | 5,508 | 65 | 343 | 2 |
| 2012 | 8,499 | 14,837 | 6,029 | 71 | 360 | 2 |
| 2013 | 9,494 | 16,167 | 6,865 | 72 | 370 | 2 |
| 2014 | 9,424 | 15,546 | 7,076 | 75 | 439 | 3 |
| 2015 | 9,596 | 15,820 | 7,380 | 77 | 579 | 4 |
Bribery (贿赂)
Bribery includes crimes of accepting, receiving, and offering bribes, in the case both of individuals and of work units. For example, the crime of “receiving bribes” is defined as state officials using the privileges of their office to seek the property of others, or illegally accept the property of others, and to seek benefits on their behalf. “Using the privileges of office” indicates taking advantage of powers within the scope of individual work duties, the powers of supervision, undertakings, or handling of public affairs and the circumstances arising from those positions. Extorting the property of others, regardless of whether it is “seeking benefit for others” or not, can be treated as receiving bribes; illegally receiving the property of others must concurrently satisfy the condition of seeking benefits for others in order to be considered the crime of “receiving bribes,” but whether or not the benefit sought for another party is appropriate and whether or not the benefit is realized does not affect the determination of the crime. […] Those suspected of the following should have a case established against them: (1) An individual accepts a bribe of 5,000 Yuan or more; (2) An individual accepts a bribe of less than 5,000 Yuan, but it also involves one of the following conditions: 1. Because of the bribery, the state or social interests suffer serious losses; 2. Purposefully impeding the work of or threatening of related organs or individuals, causing a pernicious influence; 3. Forceful extortion of property or funds.
Embezzlement (贪污)
This crime is defined as the misuse of privileges of state office to embezzle, steal, obtain by fraud or the use of any other method to illegally obtain public property. Suspects of the following conduct should have a case established: (1) Individual corruption of 5,000 Yuan or more. (2) Individual corruption of less than 5,000 Yuan but involves the embezzlement of disaster relief, emergency, flood control, disease prevention, disabled care, poverty alleviation, or emergency funds or donations, stolen or confiscated goods; when the means used are heinous, evidence is destroyed, or stolen goods are transferred.
Misuse of Public Funds (挪用公款)
Misuse of public funds is the misuse of privileges of state office to use public funds for individual use, or the misuse of large amounts of public funds to engage in for-profit activity, or the misuse of large amounts of public funds without returning them within three months. Those suspected of the following should have a case established: (1) Misuse of public funds amounting to between 5,000 and 10,000 Yuan (or more) for individual use or use in illegal activities. (2) Misuse of public funds of 10,000 Yuan to 30,000 Yuan (or more) for individual use in profit-seeking activities. (3) Misuses of public funds for individual use between 10,000 and 30,000 Yuan (or more), that has not been returned within three months; the People’s Procuratorate of each province can specify specific levels for these amounts within the scope above to accord with local conditions, and report this to the Supreme People’s Procuratorate for its records.
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