On The State Staff In Bribery Crime

Bribery crime has always been one of the hot spot in the social from all walks of life, with the strengthening of China’s efforts to fight corruption, the deepening of the fight against corruption, bribery crime presents different forms. In order to contend with the changing of bribery crime, the state legislature repeatedly modified supplement of criminal law, and the supreme judicial organ, timely launch of judicial interpretation, bribery main body, the national staff, for example, its scope is after several changes. State personnel is one of the important concepts in China’s criminal law, with the evolution of China’s legislation, correctly grasp the scope of state functionary combat duty crime has important significance to our country.In this paper the content of our current criminal law and relevant judicial explanation, on the basis of combining cases in judicial practice, discusses the scope of state functionary. Full text mainly divides into three parts, the first part of the legislation of the subjects of taking bribes from both at home and abroad, to review the scope of state personnel during the different period of our country, combing several typical countries and regions outside of bribery subject category, through the analysis of the controversy of state functionaries standards, has been clear about the our country present stage that state functionaries emphasized in public attribute, the desalination identity. The second part to the essence of state functionaries engaged in the business as a starting point, specific to discuss the scope of state functionary, analyze the different types of state functionaries. Combined with the examples in the judicial practice, analyzes the definition of state-owned enterprises and the assigned personnel engaged in official business scope. The third part from the holding, joint-stock companies, state-owned enterprises in the scope of state functionary, the definition of "casual" status of state-owned units and taking bribes from retiree three problems involving state functionaries to define, again emphasized the identity characteristics of state functionaries shall fade.