The Theory Of Corruption Subject

Crime of corruption refers to the state civil servants taking advantage of his office to implement serious duty crimes. The key to affirm the crime of corruption often is definition of the subject. With the development of social economy, more and more state-owned units use the labor dispatching personnel, their works are not just services or labor behavior, some of the staffs often have the functional behaviors, but they don’t have the identity of the state personnel and do not belong to the category of unit formal worker. When these workers worked in the state-owned units and taking advantage of his office to appropriates, steals, swindles or other means of illegal possession of public property behavior, can we consider these behaviors are the crime of corruption? How these workers can become the subject of the crime of corruption? Both in the theoretical circle of criminal law and the judicial practice have controversy about these problems. The author try to elaborate the case of Zhang Mou’s corrupt practices to think about these legal questions deeply and draw the conclusions. Finally, the author puts forward suggestions for the judicial practice.The thesis includes two aspects:The first part is the introduction, this part recommend the purpose and significance of the thesis.In the part of this thesis,the author introduces the research method,innovation point and difficulty.The second part is the body of this thesis. This part has three chapters. The first chapter recommends the situation and focus of dispute of Zhang Mou’s corrupt practices. There are two issues in Zhang Mou’s case: one is that Zhang Mou is the State personnel of the article ninety-three of the criminal law or not, the other one is whether Zhang Mou is the entrusted management of state-owned property in the criminal law.The second chapter is the analysis of the case. The author talks about the translation of the State personnel of the criminal law and the entrusted management of state-owned property in the criminal law. The third chapter draws a conclusion of this case.The author makes suggestions to identify the subject of corruption in these similar cases.