Corruption And Crime Of The Main Study

Crime of corruption is kind of crime, which seriously violate theprobity of official activities of state personnel, as well as theproprietorship of common property; and its subject is especial subject.The precondition to constitute corruption crime is the identity of thesubject. However, in practice it is a hot dispute on how to exactlydetermine the subject of corruption crime. Due to different view, different conclusions occur in judicial practice, hence influencing theuniformity of law application. With respect to this point, lots of usefuldiscussions have been made in the field; however, currently suchphenomena, that the subject of corruption crime could not be determinedexactly, still exist in a certain extent, and the same corruption criminalactivities will obtain dissimilar or even totally different outcomes byvarious judicial authorities. Therefore, as for crime of corruption, it isvery important to determine the subject. In accordance with Article382 of "Criminal Law of PRC", the subject of crime of corruption is thestate personnel, as well as the personnel entrusted by state departments, state-owned enterprises, government-sponsored institution, people'sorganizations to manage the state-owned property.The article starts from the history of legislation reformation on thesubject of crime of corruption, emphasize the regulations on the subjectof corruption crime in the current criminal law and makes deep researchon some tough questions of the subject of corruption crime in order toexactly determine the subject of corruption crime in China.The article is composed of the following four parts:First part: the evolvement of lawmaking on the subject ofcorruption crime in China. This part sets forth concerned law sand itschanges on the subject of corruption crime since the establishment ofnew China, furthermore makes brief analysis and compare on thelawmaking and judicial explanation in every period.Second part: One of the subject of corruption rime—state personnel.Based on the understanding of Article 93 of the currentCriminal Law, the part holds the view that it shall insist on the criterionof engaging official activities to determine the state personnel, what'smore, this part stress discussion on concept and features of officialactivities, as well as the related concepts. With respect to the questionwhether the personnel in party organizations and CPPCC organizationscould be the subject of crime of corruption, the writer thinks that thestate personnel in aspect of criminal law not only includes the personnelin National People's congress, state council, central military community, local People's congress, people's government, autonomic organization inautonomous nationality area, people's courts and prosecutorial office, but also comprises those state personnel who are engaged in officialactivities, such as the personnel in the party organizations and CPPCCorganizations and those engaging official activities in the organizationwith the name of parent company, which is actually state administrativedepartments. As for the character of state-owned companies, the writer, opponent to the view that the state-owned companies shall bedetermined by the stock controlling, holds that all the property instate-owned companies are state-owned. Concerning the personnelappointed by state departments, state-owned companies andgovernment-sponsored institutions to non state-owned companies andgovernment-sponsored institutions, it is important to well understand theconcept, feature, target and subject of "appoint". The writer holds theview that the personnel engaging official activities, appointed bystate-owned people's organizations to non state-owned organizations, shall be regarded quasi-state personnel. If they peculate, steal, cheat orpossess common property in other illegal methods, their activities willconstitute the crime of corruption. "Other personnel engaging officialactivities legally" are those directly stipulated by laws or authorizedwith administrative authority by laws, regulations and state departments, however the activities engaged by these personnel must be official withlegal grounds. In accordance with Article 183.2 and Article 93 of current criminal law, the writer thinks that the personnel in stateinsurance companies shall be corrected into the personnel engagingofficial activities in state insurance companies rather than statepersonnel, who could not be the subject of the crime of corruption.Third part: the second subject of corruption crime—personnelentrusted by state-owned organizations to manage state-ownedproperty. The part mainly research the terms for entrustment relationand the methods of "entrusted to manage the state-owned property".Forth part: the issue on the subject of complicity for corruptioncrime. The joint commission of a corruption crime means that morethan two persons jointly commit the corruption criminal behavior. Theaccomplice in the corruption crime comprises the accomplice in thesame and different subjects. With respect to the behavior that to illegallypossess common property using the favor of state personnel and theactivities that different personnel peculate the property respectivelyusing their favors of state personnel, these behavior shall be regarded ascorruption crimes.