Analysis Of The Main Body Of The Corruption Crime

Our country is developing the counter- embezzlement corrupt struggle thoroughly, is the important constituent of the establishment or cultivation of clean government in the government worker troop. The struggle success or failure directly relates to the party and government in people prestige and the politic power stability. What's more, our country along with the world economics integration joins the World Trade Organization, and becomes "the United Nations Counter-corruption Joint pledge" the signatory state. How consummates in our country criminal law the embezzlement crime, regarding the attack world scope- intrans- national corrupt crime, is suspends in front of a our officer of the court's item vital and the urgent duty. But also exists middle the real life regarding the embezzlement crime main body many has the dispute the place, inconsummates the embezzlement crime in the process, only has to embezzles the crime the subject of crime to perform to clarify, can when to embezzle the crime determines guilt the discretion of punishment has an accurate assurance, more effective attack and containment crime. Based on this kind of thought, the author has carried on the elaboration in this article from four aspects to the related question.The foreword had pointed out the cause of the embezzlement crime.. Along with our country politics, the economic restructuring is thorough and the socialist market economy system establishment and the consummation, the social environment change, the present criminal law has met the new question about the embezzlement crime main body stipulation, the people to embezzle the crime main body the understanding, its rationality .The first part, first introduced the overseas four kind of embezzlements crime main body, with "the United Nations Counter-corruption Joint pledge" the center "the public service personnel", and has made the simple comparison with the domestic embezzlement crime main body. This part of last part of content introduced since our country has founded a nation the embezzlement crime main body four stages development courses, and further points out its origin from two aspects.The second part is core content of this article. To some important concepts, such as the public service personnel, the state agency, the state personnel, the accurate country staff, and so on has been carried on the request personnel the limits, the villagers group and the subordinate commission members which and emphatically to the educational world existence greater dispute question, has the state agency nature which such as Communist Party of China all levels of institutions and the Political Consultative Conference all levels of institutions' staff, the non- state agency sets up the institution as well as has which the public management function the institution, the villagers committee, the residents' committee members and corresponded the party affairs personnel, under the villagers committee supposes, is engaged in question and so on official business has carried on the thorough discussion.The third part has carried on the elaboration to the theory dispute of non- country staff and the country staffs embezzlement crime emphatically., Specifically including to the theory and the legal basis of Common crime of embezzle, the characteristic together which the crime establishes, as well as colludes with, the unit interior to the unit inside and outside colludes with in two situations processing.The fourth part is conclusion.