On The Accomplice Of The Crime Of Corruption

Status refers to the special qualification of the actor and the special status or state of the subject in social relations related to a certain criminal act.An identity crime is an identity crime.Identity crime is one of the most important parts in the chapter of constitutive elements of general criminal law.At the same time,the problem of accomplice is the key and difficult point in the study of criminal law.Therefore,the issue of identity crime accomplice has become the "swamp","chapter of despair" and "vortex" in the eyes of Chinese and foreign scholars.The key problem of the accomplice of the crime of corruption is to solve the problem of the identification,conviction and sentencing of state workers and persons of different identities.The third paragraph of article 382 of the criminal law of China has clear provisions on the accomplice of the crime of corruption,and the relevant judicial interpretation is further clear.Secondly,the above provisions are applied in specific cases,and some problems cannot be better explained.In fact,it is caused by the common theory of crime in China that subjective attribution and objective attribution are the same,and it is the result of the mixed nature of the accomplice of the crime of corruption and the link of conviction and even sentencing.In fact,the establishment of the accomplice of the crime of corruption is a qualitative process,which belongs to the link of objective attribution.Therefore,as long as people with other special status or people without any special status,and state personnel exist for the purpose of mutual use,within the criminal facts they want to achieve,and there is a causal relationship between the commonality,the implementation of the embezzlement of property,the crime of corruption accomplice can be established.It does not matter whether the identity status of persons with different identities is the principal offender or the abettor or the helper,as long as there are state workers and the legal interests of the crime of corruption are infringed.Corruption of accomplice establishment does not mean that all people are corruption,need according to the subjective imputation elements such as responsibility,and in accordance with the principle of responsibility conceited to different identity,fully considering the constitutive requirements should,illegality,is responsible for all kinds of factors such as finalized their charges,and in accordance with the concurrence of implicated crime of embezzlement accomplice and imagine from a heavy punishment.In addition,because the law profit violation results is a key to corruption,therefore,in the sentencing process,although corruption identity elements has certain influence to the responsibility to share,but the key problem is to see the quilt violations,such as people with other special identity or don't have any special identity abet state functionary crime situation,if the law profit violation degree of the former is higher,the blame is not lighter than the latter.