Crime Of Corruption Mix Main Body Joint Offense Question Research

The crime of corruption joint offense is in the judicial practice difficult problem. Regarding the crime of corruption joint offense recognized that the difficulty concentrates, in mixes the accomplice to recognize in the question. The joint offense itself has the complexity, the accomplice and the status question, the joint offense and the status particularity unifies in together, the theorists have wide divided opinions to it, the difference is also disparate in various countries' legislation. But the accomplice and the status question, in the judicial practice is unevadable, our country criminal law educational world discussion regarding this was not still full, also far has not achieved the mutual recognition. Because the crime of corruption is takes the main body important document by the special status therefore as the constitution important document pure status commit, the crime of corruption mix main body joint offense was recognizing that closely is even more related with the embezzlement main body status, also has the argument in the academic circle about the joint offense and the status viewpoint. In judicial practice, because embezzles the joint offense situation complex and the argument theoretically, affected has determined guilt the discretion of punishment to this crime.Therefore, the article obtains from the crime of corruption joint offense's mix main body status to launch the discussion, through to domestic and foreign about joint offense and status relations legislation and theory contrast and analysis, contrasts new China about the joint offense criminal legislation, had pointed out in our country criminal activity legislation determines guilt the discretion of punishment stipulation vacancy about the mix main body joint offense and the insufficiency, because our country criminal law does not have to stipulate explicitly regarding this, thus is embezzling the crime practice to recognize that together disputes many. Therefore the article embezzles the crime qualitative different theory viewpoint to the theorists about the mix main body to carry on the analysis one by one together, and pointed out that the principal offender decided said that determined guilt separately said that implemented the behavior to decide said that the joint offense nature decided said as well as using the duty convenience decided said and so on several theories the reasonable place and the flaw. This article innovation lies in through the analysis summarizes finally about the crime of corruption mix main body joint offense qualitative must the joint offense nature decide that mediated says the organic synthesis qualitative method using the duty convenience decision.According to the above elaboration, mixes the main body joint offense to our country in the criminal legislation to urgently await to make up and consummation many vacancies and the insufficiency, the article also proposed that some criminal legislation suggested that specially joins WTO along with our country, each economic system and the legal regime faced with this with the international trail connection's new challenge, the social environment and the market environment has also had the huge change, the article through is related the stipulation to the United Nation Convention on Corruption the analysis and the research, proposed that to our country criminal activity legislation should with international trail connection some suggestions; first, according to the international convention, must unify the crime by taking advantage of duty main body, moreover, decides the principle according to the crime criminal law the request, Should concern the crime stipulation which constitutes together by the general main body and the special main body in the middle of the criminal law general rule. Through this article writing, hoped that mixes the main body joint offense to our country the criminal legislation to be able to have the enlightenment.