(?) Law In The Country Staff

With the mankind into the era of rule of law, the law is not only as tools for the rulers, but also in the pursuit of new ideas, fair and just. Righteous and the draconian law are divided, good deeds are more fair and equitable from the perspective of regulating social relations, and promote social development. The draconian law is to protect their reactionary rule of the rulers, with anti-human nature, cruelty. Continuous development of human civilization is to establish a comprehensive legal system. China is a socialist country; the law should be superior to capitalism, the more laws, more humane, more equitable. Criminal law is the most severe law, which takes away people's freedom, and even lives. Criminal legislation and law enforcement are more cautious; also meet the current needs of the socialist concept of law. In the criminal offense, the main range of criminal subject is more important, it involves an act to fall under some kinds of crimes, and the distinction between the crimes. The concept of crime of state functionaries has not been clearly defined; there is a big relationship with our social system. China previously is a planned economy; there is a wide range of national institutions, including different trades, of which practitioners can be said to state functionaries. As China's institutional reform, China has entered the market economy, many of the units from the national organizations, practitioners will no longer be state functionaries, there are some people walk on the edge of state functionaries. To meet the need for law enforcement, the state has continually introduced through legislation and judicial interpretation to define the scope of state functionaries, but in the real world, there are still many difficulties in application of the main concept, even there are conflicts between the judicial interpretations of the Supreme People's Court and Supreme People's Procuratorate, exacerbated the difficulties of application. This paper explores the concept of state functionaries through four chapters, trying to find a better solution. This can be divided into six parts:Introduction: the concept of state functionaries made the focus of debate, the importance of addressing these problems, leads to the body. Chapter One: Introduction to the concept of state functionaries and the main features of the legislative evolution.Chapter Two: An elaboration of national standards for staff identified the existence of three main theories, official theory, identity theory, tradeoff theory, and analysis of the rationality of eclectic theory.Chapter Three: Analysis some focus problems in the concept of state functionaries, such as there is a dispute about the scope of state authority, some scholars consider that the Chinese Communist Party and organs of the CPPCC belong to the state organs, one of the officers also belong to staff of national office, and some are not considered the Chinese Communist Party and organs of the CPPCC, including staff belong to state functionaries. In this paper, based on many views, the author puts forward his own opinion. The paper focuses on the essential characteristics of state functionaries is the"engagement in public service according to the law," the distinction between public and private services and services, service features.Chapter Four: Analysis of the deficiencies of state functionaries'concept, proposed the rationality of the concept"civil servants". Conclusion: To summarize the text, that the solution of state functionaries'scope has a great practical significance.