The Research On Connecting Between The Object Of Supervision And The Subject Of Duty Crime

The object of supervision and the subject of duty crime is very important in the supervision law and criminal law.Both of them aim to prevent and govern corruption The subject of duty crime in criminal law is the national staff,but the object of supervision in the supervision law is public officials who exercise public power.The object of supervision include the subject of duty crime.Clearly defining the range of them,finding out the consistent and inconsistent,and understanding the stage when supervisory commissions investigating duty crimes contribute to increase supervision efficiency and promote the practice of supervision,aim to raise the effict of anti-corruptionThe oversight bodies create confusion and chaos when judging the object of supervision fitting into the subject of duty crime,because of the vague scope and the standards of different classification,there are overlaps between them.According to interpreting the connotation of performing public duty to explanation the subject of duty crime in the premise of following the principle of legality;explaining the object of supervision comply to the full surveillance coverage by analysing those specific manifestations of the disease of the public power;exploring the different scope primarily and the contact,finding out how to deal with the similarity and difference,aim to realization the connection in duty crimes finally.The subjects of public crimes perform state power and the object of supervision exercise broad public power,the visible difference is public power which regulated by the supervision law.It is exercised by the autonomous organization that according the law.It specifically includes the public official which performing the collective affairs in village and cities’ grassroots self-governing organizations and the managerial affairs in public units and the public social power is nothing but accepting the authorization from law and regulations without public service.When the scope of them is consistent,the crime acted out by the object of supervision is the duty crime,according to the national staff take advantage of their position and power to commit various crimes complying with specific provisions of criminal law directly.The non conform parts will apply in non-duty crime in the specific provisions of criminal law.If they violates the administrative law,giving an administrative punishment on their illegal behaviors by the accepting administrative organ,or give a political punishment.Whereas the case cannot constitute a crime or administrative,the inspection and criticism shall be meted out to follow the principle of legality.