Research Of The National Staff In China’s Criminal Law

Some of accusations in our criminal law require subject a particularidentification as a National staff. While the notation of National staffin our law changes from time to time. No.93of our criminal law defined“National staff” as pure National staff and person taken as "nationalstaff", which is quite a vague definition. As a result, dispute may raisein practice about the understanding and recognition of “National staff”,and judicial injustice may occur.The author proposed a new national staff recognized standardsregarding to area of dispute between theory and practice. The author madethis issue as a subject, hoping to draw some conclusions through analysisof this issue and have some guidance on the practical significance.This paper is divided into three chapters to sort out and elaboratedthe concept of perspective, the structure and content of each chapter isas follows:The first chapter: Introduction. The author mainly dissert from twoperspectives:1. the history changes of the scope of National staff.2.The significance of clear definition of National staff crimes. The discussabout the history changes of the scope of National staff explained a history review of the historical situation, but also pointed out thesource of the current confusion in practice. In the discus about thesignificance of clear definition of National staff crimes the authormainly analyzed the object of national staff crime, which may help to havea better understanding of the subject of crimes, that is, the scope ofNational staff.The second chapter: Problem and cases. The author start with thedefinition of major items like “state organs”,“state-owned companiesand enterprises”,“institutions”,“people’s organizations”,“publicservice”; Then, the author put up with three real cases; Finally, theauthor’s raised opinion about whether several controversial professionsare included in “National staff”.The third chapter: Solution. The author presented the criteria of“National staff” and importance of further clear criteria or definitionof “National staff; And, the author made his recommendation about howto implement criteria in real practice.