On The Identification Of The Identity Of The Crime Of Corruption

Judicial practice and criminal law theory have always paid attention to the controversial issues of the subject of corruption crime,but there are often individual disputes that are difficult to reach consensus.In order to conduct in-depth research on the controversial issues of the subject of corruption crime,On the basis of systematically combing out the legislative and judicial explanations related to the identification of the subject of corruption and the accompanying evolution of the theory,the article makes a detailed elaboration and comparative study of the mainstream theory that is,the official affairs theory,and clarifies its rationality.It is also used as a tool to discuss the identity of the main body of corruption crimes of the three groups of people in organizations at basic rural level,personnel and researchers in state-funded enterprises.Theory of official duty are a powerful theory for identifying the identity of the main body of corruption crimes.Under official duties,the identification of identity must involve the analysis and characterization of the nature of the behavior,because the criminal law uses "performing official duties according to law" as the essential requirement of state functionaries.In addition,there are two elements in the "official nature" : National representation and management.Whether they are members of grassroots organizations,personnel in State-funded enterprises or scientific researchers,as independent persons,they all have different social and family roles,and they define the public affairs that the actors are engaged in in in a variety of complicated affairs.We should not only insist on the dynamic vision of concrete analysis of specific issues,but also carry out in-depth and detailed analysis and accurate and appropriate understanding of the two elements of official nature.