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Subject of the Bribery of "the other Persons Who Perform Official Service According to Law" Research

Author: GuoJunHong
Tutor: HuQiZhong
School: Southwestern University of Finance and Economics
Course: Legal
Keywords: State personnel Other Engage in public service Public power
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 49
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Abstract


China’s criminal law provisions to the main body of bribery as a special subject, the national staff, the existing criminal law ninety-three this concept subdivided into quasi-state agency staff and national staff. However, the scope of bribery has been the subject of widespread criminal law field controversial issue, but ninety-three second paragraph of the "the other persons who perform official service according to law"is the focus of debate theory and practice of the difficulties identified.For "the other persons who perform official service according to law"in-depth analysis, the core of this article. First, from the author of "the other persons who perform official service according to law"type features, public official under the three aspects of nature and its characteristics do the analysis. I believe that:(1) "other persons engaged in official business in accordance with law" type is characterized by atypical public service (as opposed to the typical three clearly defined "national staff"); (2) "other persons engaged in official business in accordance with the law "The public nature of the" state affairs ", official features include the management of state power, functional, membership, legitimacy; (3) "the other persons who perform official service according to law"the official is based on " law ", this Department of Law is the general law, but not limited to narrow legal, and its essence is the "law" of Italy, is the perpetrator of the appointment, status, position, and the official acts with legal basis, aims to prevent such the main expansion. Followed in the "the other persons who perform official service according to law" nature of in-depth analysis, based on that "the other persons who perform official service according to law"is the essence of the use of public power. Then "Why is provided for one hundred sixty-three bribery of non-national staff and ’the other persons who perform official service according to law"constitute the crime of bribery in the main on the property of the two is non-national staff, but vested in different counts, and penalty provisions of the latter was more serious than the former, "such a doubt provoke thinking, obtained the fundamental reason is that the crime of bribery of non-national staff is the use of companies, enterprises or other units of the private power, and" Other Legal engaged in official business "constitutes the crime of bribery is the country’s use of public power, and" public authority "and" private power "were discussed in detail, further elaborated the"the other persons who perform official service according to law"the essence.The paper also based on previous research findings on the nature of the four identified specific personnel were specifically discussed. I believe that:(1) whether the grassroots autonomous organizations who are"the other persons who perform official service according to law", which can not be generalized, according to whether they engaged in public affairs under the authority of the country combined with the nature of the judicial interpretation to judge. (2) by the deputies, "sold out" caused by the action of the deputies vote and CPPCC members whether they are "the other persons who perform official service according to law" discussion, I hold, surely, people’s deputies and the CPPCC members in performing their duties, their behavior is behavior in public service law, the identity of belonging to "the other persons who perform official service according to law."(3) people’s supervisors in the prosecution of Corruption Crimes supervision, that is, on the job suspect refuses to accept the decision of arrest, to be taken off the case, to be not to prosecute the "three cases" and should be placed on file without filing or not filing The filing, extended detention, illegal searches and other "five kinds of situations," the supervision, the identity belongs to"the other persons who perform official service according to law."The main contribution of this paper is about the "the other persons who perform official service according to law" nature revealed. The author believes that the nature of such personnel is the use of public power to correct the past, people see the "public" character to think that a "public authority" under the public, to the neglect of official duties also include "private power" under the concept of public service, the company, enterprises and other units can also be engaged in public service personnel, but they engaged in "private power" under the public service, and "the other persons who perform official service according to law" can only be in accordance with the law, "public authority" under the public service.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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