On The Subject Of The Perfect Crime Of Corruption

Corruption, a problem being positively dealt with by the whole world, arebehaviors of national staff, abusing the public power endowed by the people and publicresources, violating the law and moral norms, to seek private interests. The earliestcorruption in China can be traced back to the Xia Dynasty,4000years ago. Rulers haveattached great importance to the work of anti-corruption, and treated severelypunishment of official corruption as a kind of important means of stabilizing regime andruling order.Today, the Chinese Communist Party and the Government pay moreattention to the progress and effectiveness of anti-corruption.The crime of corruptionand bribery has become a focus of the party and the government to fight against. TheGovernment legislated and revised a series of statutes to regulate crimes of corruptionand bribery. However, because of the legislation technology is not perfect and thechanging of times, lots of new things have hindered the process of regulating the crimeof corruption and bribery in the current law, especially on the subject of corruptioncrime, leading to lots of controversies in academic circles.Based on the basic principles of perfecting the subject of crime in criminal lawtheory, article ninety-third of the criminal law and the provisions of article382, thispaper illustrated the study of the most disputative academic problems, such as thedefinition of state organs, state-owned enterprises and companies and appointment andthe official definition of such problems. Upon the foreign experience and domesticexamples, the writer put forward his own views and suggestions that it should beaccurately defined the subject of the crime of corruption, that a clear distinction has tobe made between the staff of state workers and non-state.Also by analyzing the provisions on special subjects of crime of corruptionexisting legal provisions, based on article382nd of the criminal law second properties,this paper denies the rationality of its existence through an real case, and puts forwardreasons of abolition of this provision. The writer believes that in current socialist marketeconomy circumstances, ideas like equality in property and the protection of humanrights have ingrained in Chinese people’s mind. A regulation protecting state-ownedproperty for the purpose of the product of the planned economy has no need to exist.Hence this clause can be deleted without difficulty, but will make the subject ofcorruption crime and other corruption crime subject coordinated, more conducive forconviction and sentencing, and fully protect the basic rights of the people.This paper seeks to improve the scope of subject of crime of corruption, tries toensure that the most severe punishment——criminal punishment is fairly applied,ultimately to strengthen concept of the rule of law under socialist with the Chinesecharacteristics, and contribute to the construction of a government serving for thepeople.