my country's duty crime is "corruption and bribery crime" and "crime of malfeasance".。Although Article 93 of the Criminal Law and relevant legislative interpretations and judicial interpretations have made clear stipulations on the "State (Organ) Staff"，But how to accurately determine the subject of duty crime，Still is a difficult point in judicial practice。

　bet365 Play online games  

1997 The Criminal Law limited the subject of "corruption and bribery crime" and "crime of malfeasance" as the identity of the "national (government) staff"。Since then，The criminal subject in judicial practice is determined that it is no longer the only "identity theory"，to a large extent "job theory"。For example, from 2000 to 2002，The Standing Committee of the National People's Congress will assist the people's government in the form of legislative interpretation.、The person who has not been included in the state organs in the state organs is not included in the preparation of the state organs as the subject of the crime;，Director of the Town Finance Institute、Contract System Police、The heads of the township (town) of the township (town) of workers as the main body of the crime。At the same time，Many units (such as supply and marketing cooperatives) have the dual identity of "national (government) staff" and corporate corporate personnel，How to give a boundary in specific cases more difficult。

The practice in judicial practice has brought many confusion and controversy: whether the practice of the criminal subject determined that the "job theory" is in line with the legislative purpose，If you accept the "duty theory", how should you determine the crime subject based on the job，and how to conduct boundary points for "engage in official duties"。The crux of its bet365 live casino games symptoms，It mainly lies in the integrity of no crime composition，Systematic identification of duty crime subject，The relationship between the duty crime subject and the composition of other elements，Too entangled the identity of the national (government) staff，thus caught in a "blind person touch" type of identification dilemma。

　　Grasp the overallness of the composition of the crime 

The overallness of the composition of crime，Organic system composed of criminal constituent elements。Criminal composition is the organic overall of all elements in form and substance，Simple adding to several elements。For example，Actions deliberately stabbed to A for A，Only the organic system and substantial organic unified evaluation based on the organic system composed of crime composition，Only to make a certain judgment。Because in this case，The perpetrator may be regarded as the crime of intentional homicide，It may also be due to no criminal responsibility、Justice defense、Killed on the spot according to law、Perform the gun decision in accordance with the law, and does not constitute a crime，It is also possible that crimes that endanger public safety may also be established due to criminal objects，or being identified as robbery、Abduction crime、Rape, etc.。

In duty crime，Understand the composition of crime as a "organic whole" instead of "total"，It can relieve the problem that the criminal subject is identified。For example，When examining whether the contract of the contract system is the subject of the crime of negligence，The following factors need to be examined at the same time: whether the actor is fulfilled in accordance with the law and regulations, the authority and responsibility of the staff of the state organs，and implemented a behavior that violates its powers and responsibilities (objective aspects of crime); whether the behavior has infringed the normal bet365 best casino games management order (criminal object) of the state organs; )。Based on the above factors, it can be judged，The contract system of the contract system does not have the status of the staff of the state organs，But in the objective aspect of crime、Criminal object、Criminal subjective aspects are in line with the corresponding constituent requirements，The subject of crime that can be neglected。

The overall manifestation of the composition of crime is mainly manifested: all criminal constituent elements are "you have me、I have the relationship between me "，Otherwise, it will not be called "requirements" in the evaluation system。Although from the perspective of anatomy，Each element as a component is indeed relatively independent; but in terms of systematic theory，It is impossible for each requirement to exist and exert the corresponding functions in isolation and exert it from other requirements。As the components of the power system，When a certain part leaves the power system、When the association and support of other parts and components，No longer has the function of "requirements" as the power system。Similarly，If the connection between the constituent elements of each crime is split，Then any crime constituent element will lose its nature and role in the entire crime composition，It will no longer have the qualitative function of crime composition。Therefore，The independence significance of any criminal constituent element is relative，When other criminal constituent elements are associated and supported，Only the composition of crime composition，Only with the function and significance of "independent requirements"。The so -called criminal subject，In fact, it is stipulated by the Criminal Law，Delivery or negligence implements behaviors that endanger society，Affairs social relations protected by the Criminal Law，Natural person or unit with the bet365 Play online games ability to have criminal responsibility，The relative existence of other elements and support。

　Systematic identification of duty crime subject 

Under the overall perspective composed of crime，Systematic identification of duty crime subject，The following three points should be achieved。

One，Combined with the objective aspects of the crime, it is determined。In objective aspect，Specifically inspected whether the actor has implemented a harmful behavior that violates his authority and responsibilities in the process of engaging in official duties。If this behavior is not implemented, it will not be established.，No need to consider the problem of the subject of duty crime。This point，It can be provided from the Criminal Law and its corresponding legislation、It is confirmed in the judicial interpretation。Article 93 of the Criminal Law stipulates: "The state staff referred to this law，refers to the personnel engaged in official duties in state organs。State -owned company、Enterprise、Institutions、Personnel and state organs engaged in public affairs in people's groups、State -owned company、Enterprise、Institutions are appointed to non -state -owned companies、Enterprise、Institutions、Persons engaged in public affairs，and other personnel who engage in official duties in accordance with the law，With national staff,。"From the definition of this article，"engaged in official duties" is the core feature of national staff。According to the "Explanation of Article 93, paragraph 2, paragraph 2 of the Criminal Law of the People's Republic of China"，Villagers' Council and other village -level organization personnel are assisting the people's government to engage in "disaster relief、Surgery、Flood prevention、Preferably、Poverty Alleviation、Immigration、Management of Relief "and other administrative management work，"Others who are engaged in official duties in accordance with bet365 best casino games the law"。，According to the "Approval of the Supreme People's Procuratorate on Whether the Director of the Town Institute of Finance Application", "The Supreme People's Procuratorate on the Supreme People's Procuratorate on whether the police can become the subject of the subject of negligence" and other judicial interpretations，Contract System Police、Township (town) director of the Township (Town) Institute of Industry and Commerce appointed by workers appointed by the personnel department, etc.，When performing the corresponding administrative responsibilities in accordance with the law，Also can also become the main body of duty crime。Visible，Main determination of duty crime，The premise should be based on the statutory requirements of the corresponding duties of crimes in the objective aspect of crime。

Its two，Combined with the subjective aspects of the crime。Any crime subject, including duty crime，It is inseparable from the inspection of the subjective aspect of crime。Application，Even if the actor has the status of the national (government) staff，and objectively implemented behaviors that harm state or social interests，But if it is found that this behavior is not caused by the actor's intentional implementation or fault psychological state，It cannot be determined as a criminal subject for the corresponding position crime。According to the provisions of Chapter 8 of the Criminal Law，The subjective aspect of corruption and bribery crimes can only be intentional，Acts based on faults do not constitute corruption and bribery crimes; according to the provisions of Chapter 9 of the Criminal Law，Subjective aspects of malfeasance and other job crimes，Both the intentional (such as the private fraud、Abuse of power crimes, etc.)，Also lost (such as neglecting duty crimes、Responsible accident crime)。Obviously，If the subjective aspect does not meet the legal requirements of the corresponding duty bet365 best casino games crime，The crime of this position cannot be established，The actor cannot be identified as the main body of a duty crime。

Its three，Combined with the criminal object to identify。According to the provisions of Chapter 8 of the Criminal Law，Criminal objects infringed by corruption and bribery crimes，It is protected by the Criminal Law、The national clean government construction system infringed by criminal acts such as corruption and bribery。If the actor does not violate such criminal objects，It can not be the main body of the corresponding corruption and bribery crime。According to the provisions of Chapter 9 of the Criminal Law，Criminal objects infringed by crime of malfeasance，It is protected by the Criminal Law、The normal management relationship of the state organs infringed by the crime of malfeasance。If the actor does not violate such criminal objects，It cannot be the main body of the corresponding malfeasance crime。According to the provisions of other chapters of the Criminal Law，Criminal objects infringed by other duties，It is protected by the Criminal Law、The country and social public interests infringed by these duties of criminal acts、Citizen's personal democratic rights、Public and private property rights and interests。If the actor does not violate such criminal objects，It can not be the main body of the corresponding job crime。

In short，In the practice of duty crime cases，It can not be one -sided based on the "identity" requirements of the "national (government) staff" staff "and other duties.，It cannot be one -sided based on relevant judicial documents on the "position" explanation of duties such as "national (government) staff"，Machinery for suspected criminal criminal subjects、One -sided understanding and determination，The organic integrity of the element that should be based on the crime and its form and substantial phase is unified as a systematic evaluation。

　 (The author is a professor at the School of Law School of Southwest University of Political Science and Law; Assistant Researcher at the Single Settle Research Center of Southwest University of Political Science and Law)