Corruption Joint Crime Research

At present, it is no deny that China is in the period of historical change and social transformation. With the rapid development of economic, government take a series of actions to increasing efforts to curb and punish of corruption. However, the phenomenon of corruption is still on the rise. The public pay more attention on the control of corruption. According to the continuous reform of the social system, the crime of corruption is no longer isolated individual crime, but the form of complicity, which makes the identification of crime of corruption becomes more complex. Thus, it is necessary to analysis the common on crime of corruption and complicity so that in practice increase prevention and punishment for the crime of corruption. Currently, there are only few researches about corruption in criminal law theory and judicial practice, which result argue most relative issue in practice. This paper base on the crime of corruption and complicity as perspective to resolve the three disputed issues between crime of corruption and complicity, drawing on the theoretical studies of different scholars, combined with the judicial practice, critically assimilate the legislative provisions of other countries, the use of comparative analysis, empirical analysis and other methods to analyze the problem and put forward their views and legislative proposals.Firstly, the author affirmed the non-national staff and national staff to constitute complicity on crime of corruption. Secondly, this paper proposes unreasonable to against the non-state staff can not become a joint principal offender of the crime of corruption which base on the common implementation of behavior. Thirdly, there is several of definition for the national staff and non-national staff, national staff, with the special status of the personnel to corruption. It has certain drawbacks no matter in any point, the author suggests resolve these two issues through part of the criminal to discuss. Last but not.the least, in view of the defects exists in legislative and judicial interpretation of the Criminal Law. The author advises a series of suggestion as follow. Firstly, it should make specific provision about the accomplice and identity in the General Principles. Secondly, it require reasonable configuration on theft and related crimes and corruption penalty of sin. Thirdly, it perfect explanation to judicial corruption in companies, enterprises, and national staff.