On Important Points Of Official Crime

The study of official crime is very important in criminal law of China . After the promulgation and implementation of new criminal law in 1997, the scholars further study on the official crime to supply the enough law basis of punishing and anti-official crime. With the China accession into WTO and deeper reform and wider opening, there will be the new tendency of the official crime, which will challenge the theory and judicial practice. Therefore, there is being of great practically and theoretically significance to study the official crime and perfect its system under such circumstances. The article will deal with the main problem of the official crime, which falls into four parts:The first part briefly traces the history of the official crime. Then, the article summarizes its main features and its inclination by analyzing the abundant and detail materials.The second part illustrates and comments on the concept of official crime. At the same time, the author put forwards his own concept.The third part gives the detail analysis on the ingredients of official crime, which falls into three portions. 1) The article deals with the objective aspect of the official crime which is the dereliction of duty embodied by the inevitably connection between the act and duty.2)It illustrates the object of the crime ,namely, the state management.3)It points out the subjective aspect that is intent or misfeasance.4)It studies the subject that is the national public servant. Also, the article deals with the official crime by juridical person and puts forwards the new proposals.The forth part discusses the relations between the crime and penalty. First, it outlines the basic principle of legality and balance between the crime and penalty. Then, it discusses the relations between the principle of legality and legislation of official crime, the relations between the principle of balance and legislation of official crime. In this part, the article analyzes the controversial such as the sexual bribery and the black whistle and gives some advice on how to perfect the legislation of the official crime.