Study On The Scope Of The Subject Of Corruption Crime

The Third Plenary Session of the party's 18th decided to establish the future of China's "rule of law "in the road of corruption,and put the anti-corruption into the "rule of law".However,our country's anti-corruption legal system is not perfect,and there are some difficult to grasp the boundaries of the theory,especially for the identification of the identity of the subject of the crime of corruption,it is controversial and difficult problem in practice.In judicial practice,there often have some owned company and enterprise's general staff,such as driver,conductor,security officer's case of the crime of corruption.In my trial work,I have personally experienced the real case that treating the embezzlement behavior of ordinary state-owned companies as the crime of corruption.Such personel should be identified as the subject of the crime of corruption,where is the boundaries of the scope of the subject of the crime of corruption?There has great controversy in practice,and it is difficult to come to a common agreement.Therefore,defining the scope of the subject of corruption crime has very important theoretical significance and practical value.On the basis of systematic analysis on the research status of the scope of the subject of the corruption crime,I use the method of history,comparative study and logical analysis, on the legislative evolution of the subject of corruption crime,combination of a comparative analysis of our country and foreign criminal law on the subject corruption crime,first I found that the scope of the subject of the corruption crime presents a trend of gradually narrowing,but there are repeated in the individual stages.Second,relative to foreign criminal law,on the subject of corruption crime in China's criminal law is too abstract, it need judicial organs in accordance with the connotation of the official business to further identify the connotation.Third, the different understanding of the object of the corruption crime and the legislation on the subject of the corruption crime influence each other.At the same time,through the study and analysis on the four kinds of corruption crime subject and object by the current criminal law,it reveals questioning and criticizing the traditional view of the ownership of public property as the main object of the crime of corruption.It is considered that this view is not compatible with the economic basis of the coexistence of multiple ownership economy which is determined by the current constitution,and it violated the constitution of the principle the equal protection of public and private property, and it is also the theoretical root of the two-way deviation between the subject and object of the corruption crime in legislation.Therefore the special protection of the public property should be abolished,and the integrity of public officials is the main object of the crime of corruption. And then,whether to violate the integrity of public officials as a reference to the object and to examine the existing four types of corruption subject is appropriate.Finally,according to the above research results,I put forward three legislative proposals.First,cancel the provisions of the second paragraph of the 382nd article of the criminal law about the subject of commission,following the constitution of the principle of equal protection of public and private property. Second,reduce the scope the state-owned company,entreprises and institutions and assignedsubject,purify the target of the crime of corruption.Third,regulate other subjects in the way of legal and legislative interpretation,reduce disputes in judicial practice,carry out the principle of statutory crime.