Corruption Subject Research

Corruption is always the main group of criminal controversial hotspots, the main area of corruption, to better define the conviction, the provisions of the subject is different with the sin. this sin sin and there is an important basis of sin, the definition of of embezzlement subject is particularly important, this article from the Angle of history in ancient China, first by the provisions of the legislation of corruption of Chinese modem and then to the provisions of the subject to corruption in China's present criminal law of corruption in the essential characteristics of main body and concrete determination were discussed, will appear in the subject of embezzlement that some knotty problems and our country criminal law the legislation of embezzlement subject provisions defects and lawmakers to how perfect corruption in the future to analyze the main body legislation.First the author of the offence of corruption from China that although the evolution of legislation in the legislation on universal every period prescribed scope subject of corruption are all different, but following the principles of "strictly persisted" the emergence of private ownership, class, the produce, society appeared the inequality TanMo phenomenon, need, we have been the hands of public power for private behavior of snatching his fight for corruption in China, the main body of the cognitive by fuzzy stage to expand the confirmed slowly again. After the founding of the April 1952 experience of the People's Republic of China promulgated the regulations, punish corruption enacted in 1979, the criminal law of the PRC,1988 "about the punishment of embezzlement and bribery crimes, the supplementary provisions in China in 1997 the criminal law against corruption revised the prescribed scope subject has basically determined.Secondly the essential feature of the subject to corruption scope and explored. To determine the subject of embezzlement, must first define the subject of embezzlement characteristics, based on the connotation of subject characteristics to clear, thus determine its extension. The author thinks that engaged in public service "to" the understanding is recognizing the premise, the essential feature is engaged in public service is essential to exercise state of public power, that is for according to the national laws and regulations, management and to society to provide the specified services. The author analyzes the essential features of main body of corruption in our criminal corruption after scope of subject distinguish respectively, the national office working personnel and quasi state functionaries to "identify and scope, by state organs, state-owned companies, enterprises, institutions or people's organizations entrusted management, manage state-owned property who define the scope of" to better understand China's present criminal law on the subject of specific provisions of the offence of corruption.The research purpose of embezzlement subject in judicial practice is to solve specific problems appeared, due to China's rapid economic development, the legal process with obvious at the applicable law lagging behind in social practice, always is in judicial practice, especially for the identified in the main body of embezzlement, there are many difficult problem, make the judicial personnel appeared in work a lot of puzzles, to solve the puzzles, the author of the main body of corruption that some knotty problems encountered expounds them confusingly, first from the difference between charges of main problems, from job occupation crime subject, pocketing the state-owned assets sin subject, stealing subject, fraud subject, embezzlement, aiming to distinguish between SINS subject in practice are better able to balance the relationship between a sin, in order to distinguish between in practice. The author makes corruption crime to analyze various subject cognizance question, namely, new various economic entity (economic associated body, foreign-related operation body, contract or lease enterprise) of employees is subject of embezzlement, neighborhood committees, village committees grassroots self-governing organizations such as the main body, whether individuals become corruption committee staff is a village of subject of embezzlement, the people groups whether assigned by personnel non-state-owned enterprises subject of embezzlement, state-owned insurance company staff the cognizance question whether the subject of embezzlement discussed such hot knotty problems about their views. Finally the embezzlement discusses issues related to accomplice of embezzlement respectively from those with no identity can have a joint crime, the identity of the internal and external conditions, collusion colluded with the same unit within the corruption of the different identity discussed joint corruption case.To our country criminal law against the provisions of the main body of embezzlement in judicial practice shows the knotty problem appear correction of criminal corruption crime subject in China, it is of the offence of corruption on a crime legislation subject and crime inconsistencies and crime subject is the object of our country economy regulations cannot equal protection entity, failing to very good balance between a sin legislative defects such as the main body of crime, author will embezzlement legislative subjects defects talked own two ideas, the first thought is the subject of embezzlement by "to" change state personnel for "officer", the second idea of corruption from main revision, limited to organ of state power, administrative, judicial organs, military organs and state-owned institution engaged in public service personnel. For the above two ideas after the author's thoughtful, considering that lawmakers to revise the law should consider its economic costs and the best social effect. Because the law changes, will cause social instability even unrest. So consider the various reason think a second thread altered conference lost the majesty of the law, the first kind of ideas but the expedient way.