The Subject Of Corruption

The subject of corruption is one of the main elements of corruption. Because of the complex relationship between the perpetrator’s identity and his post, identify the subject of corruption in judicial practice is difficult. Complex relationship influences the understanding of national staff, which the essential characteristic is "engaged in public service". The "engaged in public service" has three characteristics, the first is on behalf of the state power; the second is manage public affairs; the third is perform their duties. As these three characteristics are generalized, they can not totally explain the true meaning of "engaged in public service". To understand its meaning as far as possible, the author believes it is necessary to analysis this concept deeply and explain more clearly, so that it easily to apply in judicial practice. Mainly from the functional and content of "engaged in public service" to probe this concept. However, the author believes that it better to narrow the meaning and scope in corruption, and then combined it with "his post convention". For the special subject of corruption.Combined with the provisions of the corruption crime in domestic and foreign, and according to China’s criminal law in Article 93,382 and judicial practice, the author insist that it should strictly identify the subject of corruption and follow the "Crime and Punishment legal " principle, with not arbitrarily expanding the scope of the subject of corruption, and identify the subject with the conductors’ identity and official.