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Research on the Legal Issues about the Subject of Corruption of Offence

Author: WangHuaSi
Tutor: XuZuo
School: Jilin University
Course: Legal
Keywords: Corruption Criminal Subjects Essence Suggestion
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 87
Quote: 1
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Abstract


Corruption is a serious crime, which decays the honest of civil servants and the ownership of public property. The subject of corruption is one of the basic elements. Since the establishment of China, with the continuous development of economy and politics, corruption and its subject have changed a lot. There is great dispute in judicial practice, so it is very difficult to unify the views about it, which directly contributed to the use of different legal effects, serious impact on the equality and unity of law applies. To overcome these, the researchers on law theories and facts have done a lot of research and exploration, which also made some good results. However, in the recent judicial sector, with the continuous development of economy and politics, sometimes a corruption offence will be judged differently. Therefore, how to find and accurate understanding of the crime of corruption and promote the reunification has an important theoretical and practical significance.Using the methodology of Marxism philosophy, based on the dialectical materialism, from the crimes of corruption abroad and the relevant provisions of the crime and corruption of the main change, I made the thorough analysis about the subjects of corruption in the Criminal, and the key difficult problems. In the final analysis, I point out some new suggestion of the theory and practice in the field so as to make clear the subjects of corruption.There are four parts in this thesis.In the first part, it is about the legislation and development of overseas and domestic corruption subjects. This section deals with the regulations and changes of the United Nations, Hong Kong and Macao, since the founding of China, and makes analysis and comparison combined the relevant laws against corruption and the political and economic situation.In the second part, it deals with the detailed analysis and the law relating to corruption crime subject to the provisions of the crime of corruption. The corruption in our country in the main body of the current criminal law exist in 382 of the two clauses, namely the provisions in the first paragraph of the term of "state" and the second paragraph of the term "the state organs, state-owned companies, enterprises and institutions, organizations of the delegated management and operation of state-owned assets.In the third part, it deals with corruption crime subject to the property and the key difficult problems. So we can get the conclusion is the criminal subject and essence of corruption is“doing the business affairs”.In the fourth part, through the analysis on the relevant regulations of the subjects of corruption, I pointed out some legislative deficiencies and appropriate advice. I offered some suggestions on purification of the crime of corruption and clarification of the concept of relevant law offence of corruption crime.

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