Research On Several Questions Of Criminal Subject Of Malfeasance

The subject is a essential element of crime by taking advantage of his office, which is also a controversial issue in the criminal theory and judicial practice field. This article probes into some heated problems in this crime. The thesis includes four chaptersThe first chapter is the general introduction of the crime by taking advantage of duty, mainly on the definition, subject and classification of the crime. In my opinion, the definition can be described both in broad and narrow sense. In the broad sense, the subject in this crime contains not only the state functionaries and the quasi-state functionaries, but also the non-state functionaries in companies and corporations. This article focuses on the crime in narrow sense. The subject of this crime includes individual as well as unit.The second chapter discusses the subject of state functionary in this crime. By exploring the development of the legislation on the area of state functionary, the writer holds that the definition standard of state functionary is neither "theory of office", nor "theory of identity", which should strictly comply with the Article 93 of the criminal law. However, with the further development t of the reform of political and economic system, the cadre management system has been changed, which directly influences the definition of state functionary. Since "public service" is the characteristic of state functionary, if only the actor performs his\her public duty, no matter how he acquires his status, he or she should be regarded as state functionary. The writer holds the deputy to the National or Local People's Congress, members of the People's Political Consultative Conference and the people's jurors in the people's court, together with the people's supervisors in the People's procuratorate and the other people in regulated public service by the criminal law should be defined as the other people in public service according to the law.The third chapter demonstrates the unit as the subject of the crime. How to confirm the range of the unit is the outline of the chapter. The writer argues that an institution set in a unit can be the subject of this crime, but this doesn't necessarily applies to all the conditions, which is confirmed by the range of the subject punished. The unit should include individuals and temporary institutions set by the government.The fourth chapter expounds the problem whether a referee belongs to state functionary. By analyzing the following problems as the nature of football association, whether a referee belongs to state functionary, whether a referee in a football field should be regarded to perform public duty, the writer claims that a referee is a quasi-state functionary whose power is consigned by the football association. In the end, some explanations of judicial organs are discussed and legislative suggestions are given on the status of referee.