Analysis On Subject Of Crime Of Corruption

Corruption, as a kind of serious crime by taking advantage of duty, not only brings damage to state property, but also violates the nation's integrity. What is more,it poses danger to the country's public security and political stability, greatly undermines the social order of the socialist market economy, harms public interests and the vital interests of the people, which would result in great social harmfulness. However, there are obscurities and inconsistencies over the identification of the subject of crime, which inevitably brings disorder to the judicial practice and influences the universal applicability of the law. Therefore, the accurate identification of the corruption subject is of profound theoretical and practical significance.The article first reviewed the legislation of the subject of corruption crime and analyzed the range of each kind of subjects. After discussing the clear identification of corruption crime subject, this article pointed out the shortage of the judicial practice in China and put forward to some solution to this shortage. Therefore, this paper can be divided into five sections altogether.The first part, in the process of legal system construction, panel legislation of corruption crime subject is improving continuously. In this part, the author elaborated the legislation evolution history of corruption crime subject panel legislation in the mainland and Hong Kong, Macao, analyzed and compared various periods of criminal law in order to make sure we have a clearer theoretical knowledge of corruption crime subject.The second part, in order to grasp the essential characteristics of the corruption crime subject, the essential feature of the criminal subjects were further discussed, and it is concluded that the essence of criminal subjects -- engaging in public service. In this part, various views over essence in domestic criminal law circle were introduced; then based on the summary of scholars'viewpoints, criminal law article were comprehended and it is agreed that the essential characteristic of corruption crime subjects is that they shall be engaged in public service and the definition and feature of it were studied as well. From macroscopic view it is engaging in state affairs and social and public affairs leadership, organization, management, supervision activities, which is functional and managerial. From the micro perspective, it is engaging in public service which deals with handling and managing public property. Finally, the author presented his views, agreed that corruption crime subject is the essential feature is engaging in public service and explained the corresponding reasons.In the third part, based on the different essential attributes of subject of corruption crime, the author divided the subject into two types: one is the national staff, which is the traditional subject and all the main types of corruption crime as opposed to other Malfeasance crime. The latter includes state-owned company, state-owned institutions and people's organizations and persons who perform public service in state organs, state-owned companies, enterprises, institutions assign to non-state-owned corporations, enterprises, institutions or people's organizations engaged in public service personnel and other persons who perform public service in accordance with the law. This section is the core part of this paper. The article has an in-depth discussion and research about some involved important concepts concerning corruption crime subject such as state organs, state-owned companies, state-owned institutions and people's organizations, to engage in public affairs appointed by the state organs, and then puts forward the author's advice on complicated problems in the identification of state organs. The author focused on a special type of criminal subject: state-owned insurance company staff. While discussing the entrusted management staff and manage state-owned property staff in this section, the author introduced the current specific form of"commission", which provides a theoretical reference for the correct understanding.In the fourth part, the author analyzed the mixed subject identity in joint corruption crime from the theoretical and practical perspective. The point view of the scholars on the mixed subject in joint corruption crime will be first examined and analyzed. Moreover, from the judicial practice in China's criminal legislation, the author pointed out status quo and shortage of mixed subject of the joint corruption crime. Finally, the author presented humble opinion about the issue of the mixed subject in joint corruption crime. The innovation of this paper lies in the fact that it incorporates dialectical analysis, by analyzing the identification of corruption crime mixed subjects, which can better understanding of mixed subject in joint corruption crime and perfect the study of the mixed subject in joint corruption crime.The fifth part, from the normative perspective, analyzes the shortage of our country's legislation on the subject of corruption crime. According to the shown theoretical and practical problems in China's present criminal legislation about corruption crime subject, the author put forward some legislative proposal on China's criminal legislation to protect the subject of corruption crime. So in this article the author hold the view that the subject of corruption crime should be explicitly defined as national officer and scientific criminal legislation should be strengthened, the relationship between the criminal law and economic system in China should be clarified to conform to the reform of economic system. At the same time we should adhere to the spirit embodied in the United Nations convention against corruption and find solution in order to maintain the vitality of criminal law, to reduce the controversial judicial practice, and lastly to provide solid legal protection for the development of harmonious society.