A Talk About Corrupt Criminal's Crime Subject Question

The corruption offence is a kind of ancient crime which has never stoppedin thousands of years. Since the foundation of the People's Republic of China, the corruptionoffence has taken place occasionally, too. Corruption is just like thepestilence which corrodes the bodies of the Party and country equally. Inorder to contain the spreading of the crime of corruption, theadministration of justice has practiced all to attack against and preventfrom corrupting crime, and making enormous efforts in legislation.According to original idea of legislation against corruption offence atpresent, one of the focal points is "severe punishment to prevent theofficials from corrupting". The definition of the subject range ofcorruption offence is very important to attain this objectiveconscientiously. However, the corruption offence subject has experienceda development on the criminal legislation. The theory circle has neverstopped the dispute and study of this problem. The author plans to expoundthe fact on the question of the subject of some in the definition of thesubject theory of the corruption offence based on the regulation of thecurrent criminal legislation. And I also try to clear up some of thepuzzlements in the judicial practice and probe into the new problem thatmay appear. I hope to offer a little help to attack against the crime ofcorrupting steadily, accurately, and severely to get better legal resultand social effect. This text divides five chapters, containing about 31000 words. Chapter One: The development of the legislation of the corruptionoffence subject. Different regulations on the corruption offence subjecthave been made five times successively in legislation since the foundingof the People's Republic of China. The subject range of corruption offencehas been experienced with defining leniently to basically, from determiningto expanding. The course from expanding to narrowing, generally speaking,it is not in a stable state throughout. Chapter Two: The definition of corruption offence subject. Theregulation to the corruption offence subject of current criminal law isconcentrated on the 382nd mainly, including two kinds: First, "nationalstaff members"; Second, "personnel trusted to manage or managing thestate-owned property". There has been a great deal of views on the definitionof the national staff members in theory circle. The author thinks, in thedefinition of the state personnel, the political part organization judgedas government office according to the political system of our country, Itsstaff members judged as state personnel; The office of the Chinese People'sPolitical Consultative conference also judged as government office, itsstaff members judged as state personnel; People who exercise the governmentfunction and manage the state enterprise and institution can not be judgedas state personnel. It is necessary to define the accurate national staffmembers. The government or state-owned corporations, and enterprises referto those that the property totally belong to the country; The state –runinstitutions mean, they run or utilize state-run assets as the institutionrunning funds; The People's organizations mean that they are checked,approved and registered by the government, and they set up with the state-runassets. The personnel engaged in the public affairs in these units judgedas staff members. More emphasis should be put on both the appointed personnelwho are engaged in the public affairs and the judicial personnel engagedin the public affairs, the activity of public affairs, and the obtainingofqualification of public affairs. Besides, there has been different viewson trust management and the personnel who manage state owned property.Author thinks that we should get good hold of the three resects on thelegality of trust subject, the subordination of non-administration trustand the official duties of trust content. Chapter Three: The essential characteristic of the...