Analysis The Body Of Corruption Crime Identification Standard

Corruption crime is one of the plagues in the development of human society since ancient times, In detail , it harmful to the harmony of community ,in big it can destroy the whole nation. Our Party and government always advocated "govern the officials strictly", so we fight against corruption crime, there is a clear definition about what the corruption is in the legislation.However, due to the complexity of the objective reality, China's legislature's understanding about the corruption crime is still groping forward with time, the more developed the country the more comprehensive understanding about the contents of corruption crime. It well known that law seeks certainty, the difference between the definition of crime must be clear. It very similar between corruption crime theft crime and fraud crime in forms ,the main difference between them is the identity of the principal actors.With regard to this "status", there are several different points of view, but I think that identity must be the unity of " official duty and official work ", and only consider these two aspects we can unmistakably identify the actors of corruption.This article start from the understanding of corruption,and firstly state the evolution of how we think about the definition of corruption .Base on this statement ,the author analyse the distinction between official work and labour work,what the identity of duty is and some relative conceptions about the ex-contents. For ,there is still a great deviation in theory and in practice, the author tried to find out a solution to solve the problem how to definite the actors's in corruption crime cases and a rule how to identify the scope of the body of corruption. Then,make a conclusion that using the unity of"official duty and official work"to definite the body of corruption .This passage could be divided into those parts :Part I: Introduction.Start from the definition of "criminal law"about the corruption crime,base on the simple analysis of the body of the corruption crime , the scope of the crime,and the importance of analysis then leads to the main parts of this passage. Part II: A brief introduction about the body of corruption crime in the legislation since the founding of PRC .Base on this the writer make assessment and comparison the body of corruption crime in different times.Then make a conclusion that the main character of the body of corruption crime is its public convenience and advantage of his office position.Then express the meaning of public convenience and advantage of his official position.Part III: It discuss the basic crime subject "national staff"in China's current criminal law about the crime of corruption First it determine the meaning of state organs, state organs' essential feature is public service, basis on this , the author identified scope of national staff .Part IV: Defined "State organs, state-owned companies, enterprises, institutions, people's organizations" Then analysis "delegate", "other persons engaged in official business according from the law," detailed.Part V: Focus on research controversial opinion about the people who entrusted management and operate state-owned property, and the form of entrust .Set a great a greater emphasis on the essential nature of the body of corruption crime .