On The Public Servant Of The State In Criminal Law

The Public Servant of the State is a very important concept in Criminal Law. As an important subject of Crime by Taking Advantage of Duty, The Public Servant of the State is vital in deciding whether the action is crime, what kind of crime the action is, how to punish this crime. It shows in Status Crime and No-Status Crime. In deciding whether someone is the public servant of the state or not, the first problem to be solved is the deciding standard of the public servant of the state. There are two main opinions about the deciding standard, namely by status or by the public service of the job. The difference of the two standards results in the difference of deciding whether someone is the public servant of state or not. The standard of deciding the status by the public service of someone's job is more reasonable than the standard by status. There are three kinds of public servants of state in our Criminal Law. It is very important to decide the scope of each kind of public servants of state.