| The main official crime body is the necessary condition to commit official crime, which is the hot issue argued over between criminal law and judicial practice. The modified criminal law also made stipulation for the main part of official body, but the judicial practice differs from criminal law a lot. But the judicial practice holds a lot of different views about it. The relevant stipulation exerted limitation over the judicial action. This paper, from a new perspective, considering the relevant and practice of the official crime body at home and abroad, argued over the official crime, the main body of the official crime of china.Aside from quotation and conclusion this paper consists of four parts.First part: the generalization of the main body of official crime. This part depicted the concept, characteristic of official crime, concept ,character as well as type of the main body of official crime, as well as the relations between main crime body and official crime. In addition to this, on base of what we mentioned above, this part made a deep, thorough analysis of the denotation of the official. At the same time, in order to acquire a total understanding of the denotation and connotation of the official; This part made a distinction between the official and its related concept. The writer holds the idea that the concept of official crime covers broad sense and narrow sense. The broad official crime includes not only the state working staff but also the non—state working staff, in the state-owned as well as the clerks in the enterprises. But the narrow official crime, the subject of this paper. The official body includes not only the natural human being as the official crime body but also the unit being as the crime body. Considering the judicial and present condition at home and abroad, this dissertation made a boundary for the scope of the official crime body, set up the standards to identify the official crime body, what is more ,made the classification among official crime body.Second part: the natural human being of the official crime body. This part mainly argued over the hot issue of scope and the types of the state working staff. The focus of this paper is upon delineation of several issue of the natural human being as the official crime body, as well as the definition of the concept of the state working staff, would—be the state working staff , as well as other officials on judicial business. Among them the state working staff are"identity and"the official work"."To engage in official work"is the essential character of being the state working stall, which is the essential characteristic differing official crime from other kinds of crime. But"identity"is the outside character of the state working staff. The state working staff is the integral body of the essential character of"enaging in official work"and the outside from of special identity. The official state working staff can be classified into state working staff and the people who can be admitted by the state working staff. To give an accurate understanding of the scope of the state working staff lies in the distinction between the accredited and other official on judicial business. The accredited must conform to the condition for being accredited. But the identification of other official on judicial business must possess the two characters of a certain identity on official work.Third part: The unit official crime body. This part starts from regarding unit as the main body of the official crime. That is, the unit can only be declared to be the certain official crime body under the obvious stipulation of the criminal law. The unit can only become the official crime body in accordance with the judgement by the law as well as on the grounds of theory and practice. The unit official, with the natural human being, commits official crime, is"on official work"with the natural human being. The crime, if not committed during the period of doing the official work by means of his or her authority. A man runs seriously against his own duty, belongs not to the official crime but one unit crime. Not all units can become unit official crime body. As the official crime body, the people must have the capacity of the official crime body. Only the government unit, official a certain managing authority and duty by the state, can become unit official crime body. It refers to the state unit, not including the collective unit and personal owned unit. According to the stipulation of the present criminal law. But the branch unit of the state—owned unit can become the unit official body under certain condition. At present time, it is lawful and reasonable for the state working unit to become the official crime body.The fourth part: The deficiency and complete on of the law of the official crime body. This part looked back over the current official crime of china upon the experience at home and abroad and made proposal upon completing the stipulation of the official crime body. |
