The Main Problem Of Corruption

How to improve our criminal law for corruption, was placed in front of our lawyers is an important and urgent task. In real life subject to corruption, there are many disputed areas, in improving the process of corruption and crime, only the subject of the crime of corruption to be clarified in order to be convicted of corruption in determining the sentence to have an accurate grasp of more effectively combat and reduce crime, can we build a harmonious socialist society to create a good social environment. Based on this idea from the five aspects of this subject of the crime of corruption issues related to elaborate.The first part of the introduction, this study points out the main causes of corruption, introduced the subject of corruption, the importance of Crime and Corruption of the Crime of the current grasp the key issues to be clear, leads to the body.The second part details the main body of our legislative evolution of corruption, focusing on corruption in China since the founding of the Crime of the evolution of primary legislation, on the various periods of legislative, judicial interpretation of the review, comparison and assessment, designed to accurately grasp of national staff to provide useful ideas that different provisions of the legislation is that the different social conditions, but they embody ideas from Yan Zhili.The third part, discusses China's current criminal law crime of corruption of the main range. First of all, discusses the current criminal law the basic subject of crime that is in the State apparatus to perform official duties, also known as narrow national staff. Second, the Supplementary corruption discussed subject of crime, namely the national staff of the national staff, can be divided into state-owned companies, enterprises, institutions, people's organizations engaged in public service as well as state organs, state-owned companies, enterprises, unit to a state-owned companies, enterprises, institutions, social organizations engaged in public service personnel and other personnel engaged in official business in accordance with the law of three. Finally, it discusses corruption in the body of a special subject, namely, "Criminal Law" section 382, paragraph 2, of the entrusted management and operation of state-owned property, personnel identification and Article 183, paragraph 2, the staff of state-owned insurance companies and state-owned assigned to non-state insurance company insurance companies engaged in public service personnel identified. At the same time focus on these issues and of the specific discourse, and suggest ideas.Part IV, in order to thoroughly grasp the common corruption of the main thesis in this part of the main body of the essential characteristics of corruption were discussed. Through the main attribute of the Corruption Crime Analysis theory, the authors believe that under the law, the essential characteristics of corruption is in the main public service, and engaged in public service content, service features were specifically addressed and put forward his view that the two basic characteristics of public authority and manageability. Terms of the source of power is embodied in directly or indirectly from the countries engaged in the process of public service, by virtue of the powers enjoyed by the main body; management of the main body in order to reflect the national interest of the organization, management, leadership and supervision of nature.Part V, concluding remarks, pointed out that China's current Criminal Law of the Crime of Corruption defects and improve the proposed legislation. Through the above review, comparison and analysis can be seen, our criminal law on the national staff of the main provisions of the scope of the legislative deficiencies exist. Criminal Code of the State legislature for the members of the staff made a legislative interpretation, but because of the provisions are too general, operability is not strong, and thus not achieve the desired level; and look at the "two high" alone or combined to make the previous judicial explained, although in different historical periods had played an important role in guiding judicial practice, but does have a lot of contradictory and inconsistent with the legislative intent of the place.In short, the author in the academic research on corruption has been a fruitful subject of the case, once again the theme of corruption were the main shallow research, just look forward to under the law, explore the nature of corruption of the main features distinguish clearly the existing Law Subject of Corruption under the precise scope. And to clarify the circumstances specified by law, the law may think it is more reasonable, then the main body of the crime of corruption legislation put forward their own proposals.