Corruption Offenses And The Main Study

Corruption is an inherent chronic disease of power in the history, a hot issue widely concerned throughout the world, and a complicated issue influenced by many factors such as economy, polity, history, culture and tradition, etc.. With the social development, corruption reveals a tendency of complication, organization and internationalization. Anti-corruption and building clean government have already become important subjects throughout the world.Criminal act, criminal liability, and act subject constitute the basic contents of criminal law. The legislation and judicial practice of criminal subject has become one of the basic and important subjects in current research of criminal laws. The requirement for act subject in corruption is relatively strict, compared with the common criminal act. Corruption tends to resort to public power and cling to public power holder since power rent-seeking is its main characteristic. Hence, the research of corruption shall first face the proposition of corruption subject. Comprehensive studies on act subject of corruption from different levels have important theoretical value and practical significance, not only for the development of the theory of criminal law, but also for the improvement of anti-corruption strategy.This dissertation systematically studies the act subject of corruption crime through legal research, including analysis research methods, sociology methods, history methods, comparative methods, etc.. This paper makes a detailed theoretical study on the problems of the evolution of criminal subject in criminal law, the definition of governmental employee in the transition period of China, the concept of unit crime, corporate crime and triplex punishments principle, the notion of private equity as unit crime, the generalization of criminal subject, the complication of corruption subject and the expansion of the subject, the conjunction of China corruption subject and "Anti-corruption Convention of United Nations ".In our country, corruption becomes more and more prevalent in recent years. This dissertation makes studies on the new characteristics of various corruptions in the social transition and the trend of organization, low-age and high-level of the corruption subject. By using the cases and statistics, this dissertation reveals its social, historical, economic, cultural and psychological origins. Meanwhile, this dissertation studies the act subject of corruption and anti-corruption legislation from the ancient corruption and anti-corruption legislation, Hong Kong, Macao and Taiwan, foreign countries, by comparing the corruption and act subject in different periods and different countries, in order to benefit the construction of a clean government in our country.Since corruption reveals the tendency of transnationalization and transregionalization, some countries and regional organizations start to make laws and regional coorperations to fight against corruption. The " Anti-corruption Convention of United Nations" is the first global anti-corruption treaty in the world, which overcomes the limitations of some regional anti-corruption lega treaties, initiates the scientific ideas and strategies of anti-corruption, forms commonly accepted rules to fight against transnational corruption and provides basic legal guidelines and criteria for international anti-corruption cause. This dissertation studies our country's corruption subject under the framework of the" Anti-corruption Convention of United Nations" and puts forward that anti-corruption legislation in our country cannot simply make duplication without consideration of our national conditions, anti-corruption legislation, judicial history and current situation. We must take step-by-step measures to gradually improve and coordinate it with international practice.The ancients said, "Law can punish people but cannot make people clean and honest". Any system cannot have no drawbacks and drawbacks in the system is not only the system itself, but also have direct relationship with social environment. If we cannot find out the nature of the problem but simply makes up the leaks, we will fall into the situation of endless improvement but far from perfect. Power without supervision will inevitably lead to corruption. Government shall take responsiblity. In the "Level Accountability" system, every subject can supervise others and shall be supervised. This balance system leads to a clean government. The ultimate purpose of national building clean government is to make the corruption act highly-risky and low-return and provide anti-corruption a systematic perspective and long-term strategy.