Study Of Subject Of Corruption Offence

According to the article 93 of Criminal Law, subject of corruption offence is stare personnel. The essential characteristic, when we definite state personnel, is that who deal with public affairs of state administration. There are three categories: personnel of organs of state, quasi-state personnel, and that are entrusted with administration or operate state-owned property. The organ of state includes: the organ of state power, administrative organ, judicial organ, procurator organ, and military organ. Quays-state personnel include three categories: the person of state-owned company, enterprise, institution, mass organization who deal with public affairs; the person of organ of state, state-owned company, enterprise, institution has delegated to non-state-owned company, enterprise, institution, mass organization who deal with public affairs, and others who deal with public affairs according to law. And so called "others" include personnel listed below: 1) The Communist Party of China at all levels who deal with public affairs; 2) the Chinese People's Political Consultative Congresses at all levels who deal with public affairs; 3) the people's congresses at different levels; 4) people's assessor; 5) the organ of all kinds of democratic parties who deal with public affairs, and 6) that be delegated who deal with public affairs according to law.Above said the personnel who is entrusted administrate or operate state-owned property is the administrate or operate state-owned property owing to contract, rent or appointment.In addition, how to definite the subject of corruption offence under circumstances of state personnel collude with non-state personnel acting in co-concert, author believe that joint offenders should be sentenced corruption offence all, so long as the whole act in co-concert of joint act requisite to constitute the corruption offence, no matter who is principal.