On The Main Body Of The Crime Of Corruption,

The issue on corruption subject occupies an important place in the criminal legislation, criminal theory and judicial practice, and always leads to heated discussion in theory and practice. With the rapid development of political situation, the National People's Congress and the highest people's court and procuratorate have modified, explained, and supplemented corruption subject in succession for many times, yet still being from perfection. On March 14th 1997, the Fifth Session of the 8th National Congress, the revised "Criminal Law" got passed with more modifications and supplements on corruption subject. Article 382 of the new Criminal Law reconstructed a more scientific limit of corruption crime which also fits to our national conditions. On Article 382, Section 1 sets "the staff of our county who embezzle, steal, cheat social property on the privilege of duty or by other means commit corruption crimes," on section 2 " people entrusted by state organizations, state-owned enterprises, institutions and mass group with managing and running state-owned properties , if embezzle, steal, cheat social property on the privilege of duty ,will be treated as corruption crimes." On Section 3 "those colluding with people on above two sessions in corruption will be treated as accomplice. "Since 1997 when the law was implemented, the theory circle and practice circle have different opinions on the subject limit of corruption crimes, esp. whether the non-state people and state personnel colluding with each other in corruption constitute co-corruption crimes.On Article 382, Section 2, because the subject of corruption crimes is none-state personnel, difference also exists on theory circle and practical circle as to recognition of subject. Some scholar believes that broadening the limit of corrupt ional subject does good to protect state property and beaten duty corruption. Some others believe the subject can only be staff, non- broadening the limit of corrupt ional subject does not tolerate crimes likewise. the critical problem is that the subject should be in accordance with object who is infringed on in corruption activities, i.e. the ownership of state property and staff behaviors should be incorruptible and clean-handed while the non-state personnel does not have the composition of object. What's more as to the 3rd Section out legislative body hasn't made any explanations so far, and people have different recognition and understandings which lead to inconsistence in practicing process. On July8th, 2000, the highest People's Court, on purpose of identical view and convenient run by grass-root court in real cases, made a judicial explanation that the non-state people and state personnel colluding with each other in illegal obtaining unit properties should be charged as principle criminals. It seems the basic implementing apartment has got principles when carrying out the law issues. However, specialists in theory circles think that the explanation of the Highest People's Court violates the real intention of legislation and conflicts with laws and regulations. In author's mind state personnel with special identity is entitled to special right and meanwhile he should take responsibility of corresponding obligations. While non-state personnel is just a ordinary civil subject withno right and special treatment as state personnel has, as a result, he needn't be responsible for obligations which belong to special subject thus the crime of co-corruption is untenable. According to explanation by the Highest People's Court on July 8th,2000 about how to establish accomplice in trying the case of corruption and duty occupation, non-state personnel becomes the accomplice on the condition that who holds the large share in committing crimes will be charged as principle. As I think it, the explanation is a detailed description of the Article 382, Session 2,3 because at present there are only two legislation on subject's crime: one is people with special identity, i.e. state personnel , the other is ordinary citizens including those with sp...