Survey Report For Determination Of Subjects Of Bribery Crimes In Baiyin City

In the Criminal Law of China, bribery, as a major kind of crimes, is independently described with one chapter. Other than the charge of offering bribery, other charges all require the subject of bribery crimes to be state personnel. Although the Criminal Law and relevant judicial interpretations provide detailed provisions on the subjects of bribery crimes, these provisions are not efficiently specific and clear in the face of very complicated social realities. In judicial practices, there are still some disputes over the determination of the subject of bribery crime.From the perspective of judicial practice, the author probed into the determination of the subjects of bribery crimes handled from 2005 to 2009 in Baiyin City and carried out comprehensive analysis on the subjects of these crimes by focusing on the status of investigation and prosecution of bribery crimes by the Baiyin Municipal Procuratorate, the characteristics of the subjects in these crimes, some specific practices for determining the subjects, as well as the difficulties and vague understanding in handling these cases. The author primarily expounded on circumstances under which managers of state-owned holding companies or companies with shares owned by the state, persons dispatched by the state-owned entities to non-state-owned entities for civil affairs and other persons engaged in civil affairs by law shall be regarded as government staff. By comparing with relevant provisions of the United Nations Convention against Corruption on the crime of bribery, the author also pointed out the inefficiencies of existing laws on "state personnel" and put forward some proposals on how to accurately apprehend "state personnel" in judicial practice in future.