Several Problems About The Subjects Of Duty Crimes

Subject is one of the important conditions of duty crimes, on which the revised Criminal Laws makes some regulations. However there exist many different ideas on this problem in judicial practices. Meanwhile there also exist some problems with the relative regulations of the Criminal laws, thus restraining the judicial practices. In this article, starting from the determination of the basic characteristics of the subjects of duty crimes, I bring out my own views on the determination of the subjects of duty crimes, analyse the problems with the relative regulations in the prevailing Criminal Laws and give my suggestions on legislation. Firstly, in the prelude, the articles points out that the study of the subjects of duty crimes is very meaningful to judicial practices and improvement of criminal law legislation. Secondly, it points out that duty crimes can be divided into crimes in broad sense and crimes in narrow sense. In judicial practices, duty crimes mainly mean those in narrow sense. This article sets great store by the subjects of duty crimes in narrow sense. Chapter I states the general theories regarding the subjects of duty crimes. Through study of the concept, extension and characteristics of the subjects of ordinary crimes to the study of the concept, extension and characteristics of the subjects of duty crimes, this article points out that the subjects of duty crimes are special subjects, with certain posts as their preconditions and their extension include units and individuals; this article summarizes the properties of official business, based on differentiation of official business, officials and labour services; it also summarizes that the subjects of duty crimes should include unitary subjects, and the unitary subjects are also special subjects. The basic property is official business, therefore this mainly is limited to state organs only. Chapter II states a few problems regarding natural persons as subjects of duty crimes. It consists of three sections. Section I mainly states the four different types of regulations in the Criminal Laws on duty crimes with natural persons as subjects. It points out that in the regulations of the present Criminal Law regarding duty crimes with natural persons as subjects of duty crimes there exists the concept of state personnel, whose scope is not clarified, that the regarding regulations are not complete and that there exists ambiguous concepts such as "People's Organizations". .Section II states some proposals to improve legislation. In this section, Part I states the necessity to improve legislation from the viewpoint of protection of human rights; Part II borrows some ideas from the relative rules and regulations of other countries and areas; Section III states proposals for legislative improvement .The stress is laid on determination of state personnel. From the viewpoint of the functionary division of units, this article thinks that the fundamental property is to manage the state affairs. With the state organs determined in horizental and vertical directions, the article lists the extensions of the state organs. Based on this and with "Managing the state affairs on behalf of the state" as its property, the article determines the scope of state personnel and expresses the ideas regarding the party personnel and several other specials cases. Other proposals for improvement include derilication of duty by ordinary state personnel and the replacement of people's organization by listing their names. Section III states the author's ideas on quasi-state personnel based on the clarification of some relative concepts. Chapter III states the author's ideas on duty crimes with units as the subjects of the unitary crimes. Firstly, the article summarizes the present laws on this problem in the prevailing Criminal Laws; Secondly, the article states the author's consideration of putting units within the scope of subjects of duty dereliction; Thirdly, it reiterates the four characteristics the units as the subjects of duty cr...