The Theory And Practice Of The Offence Of Duty Encroachment Offence

As an independent crime, the duty encroachment offence hasn't existed a long time in our history of criminal law. With the development of society and economy, it separated from the corruption offence and become a new kind of crime stipulated in the Criminal Law of P.R.C. of 1997 after a long evolution. How to analyze the crime's legal character scientifically and roundly, find out the legislation faults, and then apply law correctly, perfect the stipulation of law to take precautions on such crime are the important problems faced by our judicial practice and criminal law theories.For the purposes of enriching meanings of theory, solving practical problems, strengthening judicial practice and realizing legislation value, the article looks closely at the duty encroachment offence at the angle of the criminal law and the comparative jurisprudence. The research includes the following parts: First of all, according to the concept analysis of the duty encroachment offence, this article tries to search for its and value intention. Secondly, comparing with the related stipulation of the criminal law of various countries, the article defines the present conditions of the crime, and refines the reference for legislation. Thirdly, based on the four criminal requisites of subject, object, subjective and objective parts, the article researches and analyses the legal characters, and advances some new viewpoints. Fourthly, aiming at the character of peculiar subject crime, and combining with the judicial practice, thearticle researches the some complicated problems about the duty encroachment offence and the corruption offence and the application principles for duty encroachment joint offence. Fifthly, according to tangible evidence analyses about the criminal responsibility legislation of the crime, the article points out the legislation faults and puts forward the solving methods.