The Consideration And Perfection About Crime Of Corruption Main Body Legislation

The question about the main body of corruption in the theory of criminal legislation and the judicial practice holds an important position, and always is a focus of controversy and the hot issue between theory and practice.Since founding of the national first punishment and corruption legislation to present criminal law in 1997, in the criminal legislation the scope which stipulated about the crime of corruption main body changes unceasingly along with marketing economy construction and society's actual need, the main body adjustment scope presents trends of a reduced range.The present criminal law has stipulated three types to the crime of corruption main body: Namely basic main body -"national staff", supplement main body -"commissioned by state-owned enterprises administration, personnel management of state-owned property"and special main body -"state-owned insurance company staff". Because the crime of corruption main body legislation is disorderly, unclear , as well as ambiguous understanding, inconsistent, results in the judicial practice to the crime of corruption target of attack is not prominent and in place. Such legislation stipulated, not only is not in harmony with the economy and social life, but also has the conflict with the legislation system as well as other crimes of the legislation, violated the order standard of the state legislator requested the country staff to observe job-duty honest, affected the legislation spirit implementation of govern the government official severely.Through the crime of corruption main body present legislation stipulation consideration, found that the essential attribute of corruption body should be"engaged in official business"and"the special status"the unification, and is based on"special status"as a precondition, but simultaneously has"engaged in official business", to reach organic unification of them .The current criminal law on corruption in some of the main provisions of the legislation .Here"the special status"should be caused by individual essential factor who produces certain rights and obligations, rather than take the pure cadre wages or working standards established as the evaluation criteria. but the present criminal law has been contrary to its essential nature, the unity of the legislation. Therefore, carries on the adjustment and the consummation to in the criminal legislation crime of corruption main body, must take"governs the government official severely"the legislation spirit as the basic starting point, based on the protection the market economy main body request of equality, the basic criminal law principle, the union criminal activity legislation system uniformity, the purification crime of corruption main body scope, defines the crime of corruption main body in the state personnel scope. At the same time, takes appropriate form of legislation to expand the scope of state personnel and to increase the concept which discusses by the state personnel. Moreover, strictly in accordance with the unification theory of their identity and used their own positions to facilitate themselves to limit the hybrid body of corruption and crime.