Research On The Subject Of Malfeasance Crime

In recent years,with the economic and social development,Malfeasance crime has shown a growing trend.However,in our current criminal law,there are many immature and unreasonable provisions on the Malfeasance crime legislation,especially the subject of Malfeasance crime in the legislation there is a concept and its scope is not clear defects,resulting in the application dilemma of malfeasance: one side is caused by serious social harm Malfeasance crime occurred frequently,one side is due to the subject of Malfeasance crime can not be clearly identified as lead to judicial staff to investigate and deal with Malfeasance crime before and after,the effect is greatly reduced,so that the value of punishment for malfeasance is not sufficient Play and the value of guide has not been effective publicity.Improve the subject of malfeasance crime and increase the fight against Malfeasance crime is imminent.This thesis starts from the discussion of the definition of State personnel.Based on the discussion of the basic theory of the subject of malfeasance,it will focus on the controversial problems and difficult problems in the judicial practice at the present stage,and discuss what is the deficiencies in the legal provisions of the subject of malfeasance in China,then make suggestions on how to improve further.This thesis consists of three parts.The first part defines the meaning of Malfeasance crime and the main features of malfeasance.First,the meaning of Malfeasance crime is defined by analyzing the existing viewpoints and doctrines of Malfeasance crime.Second,through the elaboration of the characteristics of Malfeasance crime,demonstrate the importance and necessity of combating Malfeasance crime.The second part analyzes the standard of the subject of Malfeasance crime.From the historical evolution of the subject of Malfeasance in China,combined with the relevant provisions of the subject of malfeasance abroad,combined with our national conditions,closely around the "state organs" and "engaged in the business" identified the two points of analysis,Point out that the existence of the shortcomings of the current Malfeasance crime is in the subject,put forward that in the current stage," Business theory " should be identified as its essential characteristics of the legislative recommendations on the subject of Malfeasance crime.The third part analyzes difficult problems on unit malfeasance crime,collective research Malfeasance crime,non-identity offender's malfeasance crime,administrative commission of malfeasance crime,supervision and control of the role of Malfeasance crime and the village committee grassroots organizations malfeasance crime which is in the judicial practice.In the judicial practice,due to the ambiguity of the subject of Malfeasance crime,the complexity of the Malfeasance crime,it has a lot of difficulties to identify the subject of Malfeasance crime,causing trouble to combat Malfeasance crime.Through the demonstration of these difficult problems,this thesis puts forward some suggestions on how to identify the subject of Malfeasance crime.