Study Subject Corruption Crime

At present, with the gradual establishment and development of the marketeconomy system, the drafting and implementation of the company law, the forms ofownership in China the main body of the market economy has the characteristics ofpluralism, diversified. Because the law is obviously lagging behind in the applicationprocess, so in the judicial practice, the subject of corruption crime has many problemsdifficult to grasp. The definition of corruption offence subject is an important basis forthe distinction between crime and non crime, this crime and other crime, the punishmentof crime, criminal suspects the right to ensure that the crime and the punishment fit hasa key role. The author as a mechanism of procuratorial work personnel, focus on thesubject of the crime of corruption problems in recent years, the dispute in the judicialpractice are summarized, and starting from the analysis of typical cases, the subject ofcorruption crime problems are gradually launches the research, some difficult problemsof corruption crime in the judicial practice on the basis of analysis and demonstration,on the subject of corruption crime cognizance question proposed own view, hope toprovide the beneficial reference for the judicial practice operation. Introduction in thispaper through the analysis of three typical cases in judicial practice, puts forwardseveral aspects of controversial issues identified in the subject of corruption crime. Andthe focus of controversy on the three cases cited, the main subject of the crime ofcorruption practice problems involved are discussed respectively. In the first chapter ofthis paper "in public" the nature of corruption of the main characters are analyzed, thekey points on the appointed public employees should be grasped, several problems inthe judicial practice the correct definition of the subject of corruption should be noted.The second chapter discusses the entrusted management of state-owned propertypersonnel, focusing on the key points should be grasped in the practice and thedefinition of appointed public personnel should pay attention to are discussed. In the third chapter, the definition of other personnel engaged in official business inaccordance with the law, focuses on the more controversial judicial practice of villagergroup leader can become the subject of corruption crime problems are discussed. In thefourth chapter, on the staff of state officials and non national common stealingstate-owned property cases were analyzed, that should be based on the common crimemeans contact content is different, the qualitative nature of the act of joint crime.Among them, the collusion in staff internal state and non state, use their position toembezzle property units, it is difficult to distinguish the principal, accessory, how toconvict is expounded. In the fifth chapter, on the subject of the crime of corruptionlegislation suggestion, that should be the subject of corruption crime is defined as"servants", will be appointed, the entrusted management of state-owned propertyexcluded from the subject of corruption crime.