The Judicial Cognizance Of Accomplice Of Corruption Crime

Corruption crime is a serious social harmfulness of duty crimes,is the most prominent public power corruption, damage the image of the state, resulting in the destruction of public power credibility, serious violations of the national staff’s duty behavior of integrity and public property rights, whether civil law countries or the law of the Anglo American legal system are more focused on the punishment of corruption. On the international community, the world each country in the penal code of the provisions of the crime of corruption is very detailed and specific, enough to see the extent of the crime of corruption. And the "United Nations Convention against corruption" for this kind of behavior has also made a clear provision, and strive to crack down on this kind of serious harm to the society of criminal behavior. China also attaches great importance to the prevention and combating of corruption, the earliest can be traced back to the Xia Dynasty about 4000 years ago. Rulers have attached great importance to anti-corruption government corruption, will severely punish official corruption and bribery as a stable regime, consolidate the rule of the order of an important means.The crime of corruption is a difficult problem in the judicial practice. The difficulty of the crime of corruption is the main problem, which can be divided into two kinds: the common corruption of the same subject, the common corruption of the same subject and the common corruption of the same subject. The current criminal law of the crime of the main body of the crime of corruption, is on the basis of the legislative history, combined with China’s national conditions, the absorption of the criminal law and judicial practice of scientific composition, with a certain rationality. But on the other hand, the current criminal law on the crime of the main body of the crime of corruption, the crime of the criminal law on its connotation, scope of understanding and the formation of the main differences in the specific judicial practice is more recognized standards, leading to the trial results are not the same, which has brought great difficulties to the judicial practice, the unity of the law. Therefore, this article from the different forms of corruption crime subject of discussion, I served in a criminal trial instance, cognizance in practice common crimes of corruption related to the subject to be analyzed, according to the current criminal law and relevant judicial interpretation of the provisions of the common crime of embezzlement as well as the theory of the various theories, and points out prime culprit determinism, respectively conviction, implemented the behavior to decide, identity crime said several of the doctrine of shortcomings and defects, and the above analysis is given for the crime of corruption subject of joint crime aspects perfect legislative proposals. We should determine the scope of national staff, change the title of national staff, clear scope of subject, both embody the legislation legislative intent, but also to follow the trend of international criminal legislation; according to the requirements of the principle of a legally prescribed punishment for a specified crime non national staff and the national staff joint implementation of the joint crime in general provisions of criminal law to determine. Through the writing of this article, I hope that we can help the criminal legislation of the crime of corruption in our country.