Corruption And Crime Of The Main Study

There are quite a few difficult and disputed problems arising out of corruption, such as the subject, the pattern, the comparison with other crimes and so on. This paper concentrates on the subject of the corruption and consists of six parts with approximate 35,000 Chinese characters.The first part, as the preface, observes the relevant problem and method chosen. The author suggests that when analyzing the problem we should make use of dialectics and hermeneutics. The second part makes a thorough inquiry of the origins and developments of the subject of the crime, indicating that the subject of the crime has a close relationship with the social and economic condition. In a sense, the subject of the corruption is based on not within but out of the criminal law, therefore we must take into account the legal system and even elements of society and economy if we want to resolve the problems of the crime's subjectThe third part studies the essence and scope of the subject by analyzing relevant Articles. The essence is, the author supposes, participation of public affair. After making an analysis of the essence, the author then draws a conclusion that the subject of the corruption is composed of state personnel in National and Local People's Congress, Administrative Department, Court and Prosecutor's Office, and in all organizations of China Communist Party and Political Consultative Conference, and in the state owned industrial enterprises, government sponsored institutions and people's organizations, and of other state personnel participating in public affairs in accordance with law, and of the subjects provided in Article 183.271and 382.In the fourth part, the author thinks that the corruption is a standard status crime. This part initiates analysis of the characteristic of the crime's status, and then makes an attempt to resolve the conviction of the subjects who have the status of state personnel and of employee in the enterprise respectively when they embezzle the property of the enterprise. There are four theories, as the theory of principal offender determination, of respective conviction, of principal object determination and of both corruptions. On the basis of these theories, the authorby understanding the constitution of the crime and joint crime, thinks that the core of conviction lies in whose status is utilized. If they take vantage of each other's status, joinder of punishment for plural crimes or imaginative joinder of offenses is considered.The fifth part makes comments on two views issued by criminal scholars. The last part expects to create new realms of criminal law study by using the principles of the hermeneutical dialectics.