Corruption Joint Crime Mixed Subject Research In China

Regarding the crime of corruption, China under different historical conditions successively promulgated the a series of laws, according to the needs of the objective of the political and economic situation, objective reality based has made a range of different definition to the subject of the crime of corruption. Due to the theoretical interpretation of this perspective is different, which caused the different levels of the different levels of the crime of corruption. In this regard, the subject of corruption crime, especially the corruption crime is mixed subject, the more complete elaboration from the hierarchical and structural, crime of corruption mix subjectivity qualitative existence of key and difficult problems of induction and combing, from the essence of crime of to the crime of corruption violations logical relationship between object- duty honesty and property law benefit study perspective, with an independent perspective put forward their own views; on the crime of corruption existing in the legislation of the contradictions and conflicts of research and analysis, put forward their views and theoretical basis.In addition to the introduction and conclusion of this article is divided into five parts:The first part: The main part of the crime of corruption in China's legislative changes and the scope of the definition of the subject. First, this part takes the time sequence introduced today in different historical periods of corruption crime, the scope of the subject of legislation and related legislative background, corruption and the scope of the subject of crime of defined the characteristics and trend of our country since the founding of the People's Republic of China in the early period after the founding of new China, in the early days of new China to the reform and opening up, reform and opening at the beginning of the; secondly, this part of our different historical stages of criminal law for the crime of embezzlement subject scope definition to summarize and classification are described.The second part: The opinion and analysis of the mixed subject of the crime of embezzlement in china. Firstly, this part of theories concerning the crime of corruption controversies are summarized and elaborated, which includes the essential characteristics of the subject of the crime of corruption, crime of corruption crime mixed subjectivity qualitative problems; secondly, this part describes the different point of views in academia to different perspective on the subject of corruption crime nature, embezzlement crime mixed determination of the subject of the proposed. Which includes on the essential characteristics of subject of crime of corruption official positions or views, management, operation point of view of public property, using his position to facilitate the view, and on the crime of embezzlement mixed subjectivity qualitative "principal decided", "nature of joint crime", "use post convenient", "implemented the behavior to decide", "violation of legal interest of property said"; thirdly, the part of embezzlement crime mixed subjectivity identified theoretical defects of different points of view were analyzed and evaluated. Finally, the part of the different views of scholars based on different angles proposed to reflect, in a new perspective proposed own opinion.The third part:Corruption common extraterritorial criminal legislation and mixed body of theoretical reference. First, select the part of the civil law and China's mainland belong to the representative of Germany, Japan, Taiwan of China, to describe the main contents of the subject of corruption crime legislation; secondly, this section examines each major corruption over different countries and regions of common crime the main theoretical perspectives; and finally, the portion combined with China's actual situation, focusing on the country (region) extraterritorial legislation and theory can learn aspects and content.The fourth part: The manifestation of the mixed subject of the crime of embezzlement in our country and the principle of recognition. Firstly, this part discusses the three forms of joint crime of embezzlement, namely national staff between corruption crime, with specific identity with the national staff collusion corruption crime, national staff and non national staff of corruption crime; secondly, this part introduced China's corruption crime mixed common crime of the determination of the subject of the emphases and difficulties of mixed subjectivity collusion corruption crime, mixed subject their use of the functions and powers of the Joint Commission of embezzlement and ascertainment principle.The fifth part: The problems existing in the current regulation of the mixed subject of the crime of embezzlement in our country and the perfection of the legislation. The first part discusses the provisions of our criminal law on crime of corruption crime 382 nd mixed subject and the Supreme People's Court on corruption crime conflict and mixed subject of the judicial interpretation of the criminal code the crime of corruption crime that mixed legislation the main problems; secondly, this part illustrates the common crime of corruption the main provisions of mixed crime criminal code the crime of corruption crime mixed legislation "identity" and the judicial interpretation of the "principal" theory, the author holds the "principal theory", "identity theory" against the standpoint and theory basis of judicial practice; finally, the part for the crime of corruption the common crime mixed subject legislation proposed changes to suggestions..