| Bribery is one of duty crimes which always happen currently. According to the provisions of our criminal law and the general argument of the theories fields, the subject of bribery is state functionary. Although the subject of bribery be state functionary is already explicit, standard of defining the subject of bribery and concrete scope of the subject of bribery and joint offence of bribery, etc. still have a lot of problems to need to inquire. This text carries on the analysis to discuss to the above-mentioned problems.This text is divided into three parts, about 35000 words.The first part of this text inquiries into the defining standard of subject of bribery. At this part, writer firstly introducts and analyses official business theory, theory of body and combining theory which combines official business theory and the theory of body, then points out the conclusion that writer approves the official business theory on basis of rightly comprehending engaging in the official business and the body of state functionary, relation between them.The second part relates to the scope of the subject of bribery. In this part, writer firstly analyses and discuss the relation between national staff member, national organization staff member and precise national staff member. Secondly, to list concrete scope of the national organization staff member in the base of defining the scope of national organization and inquring whether all levels organations of Communist Party of China, all levels organizations of Chinese People's Political Consultative Conference, all levels organizations of every Democracy paty grougings(including all levels organizations of political group),be named head company > enterprise but really be national administrative dept. and be named state-owned enterprise but be organization exercising administration working talent are national organization or not. Thirdly, to analyse the scope of pseudo-national staff member and differentiate and analyse State-owned Company,... |
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