The Research Of The Difficult Problems On The Judicial Recognition Of The National Staff

Since the foundation of the People’s Republic of China, two Penal Codes have beenrevised. One was done in1979and another in1997(Hereinafter referred to as the1979’ andthe1997’).Both codes has one special provision for the National Stuff. At the same time, thelegislature and judicial office keeps making the definition of the National Stuff to helpjudicial practice to confirm them, which make it worse and worse. The reform of politics andeconomy brought the Personnel system big changes. How to confirm the exact definition ofthe National Stuff has became urgent in the judicial circles. According to the Principle ofLegality, the author is trying to analyze the difficult problems in the recognition of thefunctionaries, and hope that can provide some useful suggestions and reference for thejudicial practice.This thesis is divided into five parts, a total of about twenty-five thousand words. Thespecific content outline is as follows:A. The overview of the National Stuff in the penal code.This first part is started by the legislation history on the National Stuff since the foundingof our country.Based on the article93of the criminal law, the National Staff is defined andclassified to two kinds——the National Officer and the quasi-national staff.“To engage inpublic service" is the essential characteristics of the National Staff; combined with the"Identity" and "public service","The compromise" is the determination standards of NationalStaff. Due to the misunderstanding of the people, this chapter also makes a comparisonbetween the National Stuff and the Public Officer.B. The definition of the Government Officer.The Government Officer is the pure National Stuff of no doubt, but the concretedefinition of the Government has brought much controversy. According to the Judicialinterpretations, the anther agrees to bring the mechanisms of Communist party and ChinesePeople’s Political Consultative Committee into the range of the Government. The detailedofficers should be analyses in classification. Since the subject of the Crime of dereliction ofduty is the Government Officer, the Legislative interpretation of NPC Standing Committee onit in2002inadvertently expanded the Government Officer’ scope, which will be discussedthen. C. The definition of the National Stuff in the State-owned companies, Institution andMass organizations.This part will define the State-owned companies, the Institution and Mass organizationsand analyses the difficult definition in them.D. The definition of the Appointed National Stuff.The Appointed National Staff is the kind that engaged in public service in non-State-owned companies, the non-State-owned Institution and Social groups who wasappointed by the State-owned companies, Institution and Mass organizations. This chapterwill define the word “appoint”, and do some difficult research.E. The definition of the other kind of National Stuff who engaged in public service inaccordance with the law.This is a typical Fallback Provision, which is made up for the uncertainty of the law.According to the Legislative interpretation of NPC Standing Committee on it in2000, theCommunity Organizations like the Village committees can be Identified to the National Stuffwhen they are doing some assisting government works. This chapter selects someControversial activities of Village staff and Football referee’ Black Whistle to make ananalysis.