从银行职员与公务员同化的意义上看银行职员腐败犯罪主动主体的素质

IF 0.9 3区 社会学 Q2 LAW Journal of Legal Studies Pub Date : 2022-05-19 DOI:10.2478/jles-2022-0011
Gheorghe Moise
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引用次数: 0

摘要

银行职员受贿罪的活动主体的性质是基于他所履行的职责受到公共权力机构的控制这一逻辑-法律论点,这至少在这一活动的重要性方面得到了承认。我们将自己置于权威和公众利益的领域。如果立法者在一开始将银行职员置于从活动角度来看可能获得贿赂犯罪活动主体地位的私人之中,那么他就会返回并将他置于与公务员同化的雇员类别中。官员的活动、其职责的目的和其自身活动对公共权力的从属关系之间的这种更强的联系,是现行刑事法规的新论点,现行刑法承认贿赂银行职员罪的主动主体的性质。
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Theoretical and Practical Analysis on the Quality of Active Subject of the Corruption Offenses of the Bank Clerk in the Sense of His Assimilation to the Civil Servant
Abstract The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity. type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the private persons who in terms of activities were likely to acquire the status of active subject of the crime of bribery, then he returned and placed him among the category of employees assimilated to civil servants. This much stronger link between the activity of this official, the purpose of his duties and the subordination of his own activity to a public authority, was the new argument underlying the current criminal regulations, which recognizes the quality of active subject of the offense of bribing the bank clerk.
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来源期刊
CiteScore
1.70
自引率
10.00%
发文量
8
审稿时长
8 weeks
期刊介绍: The Journal of Legal Studies is a journal of interdisciplinary academic research into law and legal institutions. It emphasizes social science approaches, especially those of economics, political science, and psychology, but it also publishes the work of historians, philosophers, and others who are interested in legal theory. The JLS was founded in 1972.
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