2005Unpublished venueRequires access

A Study on the Status of the Subject of Corruption and Its Accomplice

Deng Duo-wen

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Abstract

In this paper, the author thinks that the corruption is a standard status crime. This paper initiates analysis of the characteristic of the crime's status, and then makes an attempt to resolve the conviction of the subjects who have the status of state personnel and of employee in the enterprise respectively when they embezzle the property of the enterprise. There are such four theories as the theory of principal offender determination, of respective conviction, of principal object determination and of both corruptions. On the basis of these theories, the author, by understanding the constitution of the crime and joint crime, thinks that the core of conviction lies in whose status is utilized. If they take vantage of each other's status, joinder of punishment for plural crimes or imaginative joinder of offenses should be taken into consideration.

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What this paper is about

In this paper, the author thinks that the corruption is a standard status crime. This paper initiates analysis of the characteristic of the crime's status, and then makes an attempt to resolve the conviction of the subjects who have the status of state personnel and of employee in the enterprise respectively when they embezzle the property of the enterprise. There are such four theories as the theory of principal offender determination, of respective conviction, of principal object determination and of both corruptions. On the basis of these theories, the author, by understanding the constitution of the crime and joint crime, thinks that the core of conviction lies in whose status is utilized. If they take vantage of each other's status, joinder of punishment for plural crimes or imaginative joinder of offenses should be taken into consideration.

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Available abstract

In this paper, the author thinks that the corruption is a standard status crime. This paper initiates analysis of the characteristic of the crime's status, and then makes an attempt to resolve the conviction of the subjects who have the status of state personnel and of employee in the enterprise respectively when they embezzle the property of the enterprise. There are such four theories as the theory of principal offender determination, of respective conviction, of principal object determination and of both corruptions. On the basis of these theories, the author, by understanding the constitution of the crime and joint crime, thinks that the core of conviction lies in whose status is utilized. If they take vantage of each other's status, joinder of punishment for plural crimes or imaginative joinder of offenses should be taken into consideration.

Key concepts: Conviction, Principal (computer security), Subject (documents), Punishment (psychology), Constitution, Criminology, Language change, Law

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