The Qualitative And The Identity Of Corruption

As the legal system and legal system gradually perfect, our country of corruption in the criminal legislation and judicial practice has more clear definition.In recent years, however, types of corruption crime and criminal means along with the development of social economy for the judicial work has brought new challenges, also has brought many problems, such as in common corruption crime, how to mix main body joint crime qualitative, what is considered the identity of the crime subject. The relationship between accomplice and identity in the judicial practice is unavoidable, but at present are controversial in the academic circles and judicial practice, this to a certain extent, reflects the legal lag and so onIn view of this.To strengthen the crime of mixed subject research, the qualitative analysis of joint crime, the judicial practice has an important guiding role and realistic significance.This paper taking a corruption Han Mou, Wu Mou, gu, for example, analyses the corruption and joint crime. Full text is divided into three parts: the first part through introducing the case raises the case of disputes, namely Han Mou, Wu Mou and gu, three ACTS as a corruption, theft,or job occupation crime; In the second part focus on cases of disputes on the legal analysis, key part of the paper, first of all, starting from the relevant content of criminal law, the corruption, job occupation crime and theft crime subject scope is defined and contrast, the second from the "public" "commissioned" analysises Han Mou, "using the duty convenience" Wu Mou gu mixture,the main body of the establishment of a common identity, namely the joint crime and special subject and general subject finally Han Mou, Wu Mou, gu three human behavior are analyzed, the theory of three people behavior should be to corruption. The third part points out the subject of corruption in the defects existing in the legislation, analyzes the present situation of corruption in the judicial practice, puts forward some Suggestions of the author, aiming at the above problems,in order to the judicial practice could be of any help...