Subject Of Corruption Research

The crime of embezzlement is one kind of severe misprision crime, and extrusive behaviors of corrupted public authority. The criminal subject of embezzlement is one of the most argumentative problems in science of Criminal Law. The cognizance and research of the dispute doesn't only relate to confirm whether committing a crime or not, but also contributes to clear off the concrete range of various criminal subjects, in order to guide the criminal judiciary with rightness, as well as possess stronger theory and practicality on enriching our country's Criminal Law and improving criminal legislation on embezzlement crime.This paper consists of four parts.The first part focuses on evolution of legislative history on the criminal subject of embezzlement in our country. This part introduces legislative regulations on embezzlement crime before the establishment of new China and then, and pays much attention to inspect "Criminal Law" in 1997 which maintained the criminal subject of embezzlement, looking forward to summing up the reduplicate purposes of setting up embezzlement crime and trouncing the corruptive behaviors .The second part talks about state functionaries, the basic criminal subject of embezzlement. First of all, it hackles logical relations between state functionaries and relevant conceptions, and then definite the essential characteristics. State functionaries engage in public affairs, which refers to a series of actions, including administration, organization, and leadership, supervision and so on. Finally, the part expounds the species of state functionaries, including the personnel who work in state agencies and formal government staffs.The third part discusses the personnel who are entrusted to administer or manage state-owned property as the supplementary criminal subject of embezzlement. Above all, the author reveals the characteristics of entrusting which composes the foundation of embezzlement crime in this part, and then disserts two kinds of forms being entrusted to administer or manage state-owned property, which are contract and lease.The fourth part discourses some cogitation of optimizing legislation on criminal subject of embezzlement in our country. Firstly, the author explains the significance of joining "United Nations Anti-corruption Convention" for our country, and introduces the regulations on criminal subject in the convention. Secondly, she analyzes the difference compared with regulations in our country's Criminal Law. Therefore, the writer considers legal status of personnel who are entrusted to engage in public affairs, and puts forward that they should be subordinated to state functionaries.