Research On The Legal Issues About The Subject Of Corruption Of Offence

The subject of the crime of corruption of offence relates to the law application and the scope of crime cracking down. So this issue is very important in criminal theory and legal practice. This dissertation researches on the subject of the crime of corruption of offence, firstly introduced the history of the subject of corruption of offence and then analyzed the attributes of the subject of corruption of offence. At last, the author of this dissertation put forward some points as the suggestion to improve the legal system of the subject of the crime of corruption of offence. On basis of the research above, this dissertation links with the theory and law regulation, and researches some controversial issues. This dissertation composed of six parts, they are as below:The first part introduces the legislation evolution about the subject of corruption offence, and finds the legislators'attitude to this issue. With this part, the history of the subject of corruption of offence is introduced in detail after analyzes some legal document. This part also researches why the subject of corruption of offence is different in different historical period. So this part is necessary, or the reader can not properly understand the history of this crime in China.The second part is some research on the fundamental issues about the subject of the crime of corruption of offence. Defining the subject of the crime of corruption of offence is a controversial issue in legal theory and legal practice, which relates to whether the suspect of the defendant is guilty. So this part analyzes the attributes of the subject of corruption of offence, and comments different doctrines about this issue. This part also analyzes the issue of public servants as the subject of corruption of offence; some puzzling questions are talked about in this part; the quasi-public servants as the subject of corruption of offence, some familiar definition such as state owned enterprise, public institution, people's organizations and so on are interpreted in this part.The third part is about the subject of the crime of corruption of offence with the angle of joint crime. We know that joint crime is one of the crime types, while the crime of corruption of offence is status decided, so the issue of subject in joint crime is tough. This part also talks about those people who manage the state property on basis of entrusting as the subject of corruption of offence. In the last part, one difficult problem about joint crime in corruption of offence is studied, especially the situation when a public servant or quasi-public servant committee a crime of corruption of offence with one people who's not public servant or quasi-public servant.The fourth part is the way to improve the legal system of the subject of corruption of offence. We know that the legal system of the subject of corruption of offence in China is far from perfection, so this situation brings many troubles to the judicial organ because the judicial organs have to spend much time to confirm whether the suspect or the defendant is the subject of the corruption of offence. So this dissertation maintains that it is urgent to improve this legal system, which would be good for the legal practice. And the main point of this part is that the criterion of the subject should be clear, and not totally distracted by the economic systems. So as the most important part of this dissertation, this part firstly analyzes the deficiencies of the criminal law and insists that the main problems is the subject of the crime of corruption of offence is not clear, which lead to the chaos in judicial practice, and the law articles is totally distracted by the economic system, which lead to the law is lack of vitality. This part also points out that in order to protect the national property(such as the nation shares in some company), it is not necessary to use to crime name of corruption of offence, other crime names such larceny and crime of invading and occupying by duty can also assume the responsibility. So the sphere of the subject of crime of corruption of offence should be narrowed not expanded. In order to fit the criminal theory and legal practice, this dissertation maintains that the legal system of the subject of corruption of offence should be reformed. The measures below could be taken into consideration: clearly define that the subject of corruption of offence should be the public servants and keep some space between the economic system and the law articles. With the methods above, the criminal law will be applied well, this dissertation believes.