Research On The Subject Of Corruption Crime Legislation Perfect

The crime of corruption as a typical status crime, is currently China’s judicial practice of a kind of common crime, occupies an important position in our country’s criminal law. It’s not only a violation of the integrity of official acts, but also caused a great loss to public property, and even endanger the social and political stability. Since the18th CPC National Congers, the central government attaches great importance to anti-corruption work, General Secretary Xi Jinping has repeatedly stressed the importance of anti-corruption, adhere to the tiger flies play, has dealt with a number of influential major corruption cases. With the development of social economy, the deepening of reform and opening up, the traditional meaning of the crime of embezzlement is facing great challenges, more and more can’t adapt to the need of development of the new situation, the subject of crime of corruption crime means diversified, compared with the traditional methods of embezzlement model and covert, these problems lead to identify the crime of corruption is more complex.for the research of corruption sin has brought new problems and challenges. The subject of crime as one of the requisites to constitute a crime, the crime can not be ignored, and the crime of corruption as the crime of identity, the research subject of embezzlement crime cognizance for corruption crime plays an important role in the. On the subject of corruption crime research helps to solve difficult problems in judicial practice, but also to combat corruption crime, punish corruption play a positive role.In this paper, through the change and development of the Legislative Research of our country on the embezzlement provisions, legislation control the subject of corruption crime in foreign criminal law, the legislative intent of the main body of China’s current corruption crime analysis. Through analysis and comparison, can be found in both in the judicial practice, or in the theoretical field, are controversial for the scope of the subject of corruption crime and determination, considerable differences. The core features of the subject of corruption crime is in public, and because of "the long-term effects of this traditional concept of national staff’, which makes the legislative and judicial admiral determination subject focused on the identity of human behavior, but the identity has been with the economic and social development does not adapt, which leads to the subject of corruption crime is not a standard and recognize different grasp theoretical circles and judicial.At present our country the subject of corruption crime legislation can not reflect the purpose of legislation governing officials strictly, can’t adapt to the fight against corruption criminal policy. We should adjust and improve the criminal legislation of the subject of corruption crime. Through the analysis of the legislative defects, combined with the essential attribute of crime of corruption, in spirit of the legislation governing officials strictly as a starting point, put forward the statement should be revised the subject of corruption crime legislation, abandon identity theory, in order to "public officer" concept to replace "national staff".